Question: There are six neighboring families residing in our building. Some of the residents are interested in building a fence around the building’s roof while others oppose this idea claiming that the roof is barely in use, besides for storage purposes and the occasional maintenance of the solar heating tank. In addition, the opposition also claims that whoever is supposed to get hurt by Heavenly decree will get hurt even with a fence around the roof and whoever is not supposed to get hurt will be spared from harm even without a fence. Whose claims are correct in this matter, the residents in favor of the fence or those opposed to it?
Answer: The Torah states (Devarim 22): “When you build a new house, you shall build a fence for your roof, and you shall not place blood in your house by someone falling off of it.” Thus, every Jewish person is obligated to build a fence around the roof of his house so that anyone who goes up to the roof for whatever reason does not fall off.
The Sefer HaChinuch explains that the reason for this Mitzvah is that although Hashem is the One to decree life or death upon a person, and the only way a person will fall off a roof is by Heavenly decree, as our Sages say, “One does not injure his finger in the lower worlds unless it has been announced as such in the upper worlds,” nevertheless, one must try to protect himself from such incidents for Hashem has created the world to run by nature, for instance, Hashem has decreed that fire should burn and that water extinguishes fire. Similarly, nature dictates that if a large stone falls atop one’s head, it shall crush his brain, or if one falls off a roof which is elevated from the ground, he will die. Hashem also bestowed the bodies of mankind with a living soul which endows him with wisdom to elude harm. Since Hashem has bound man’s body to the laws of nature, He has commanded him to protect himself from such natural causes, for if man does not take the necessary precautions to protect himself from it, the laws of nature, which he is bound by, will overpower him.
Nevertheless, there are certain individuals who, because of their extreme piety and closeness to Hashem, Hashem chooses to hand over control of nature to them, such as our holy Patriarchs and some of their children after them including Daniel, Chanania, Mishael, and Azarya, and the like. Indeed, our forefather Avraham was thrown into a fiery furnace and emerged unscathed. Similarly, the aforementioned four righteous men threw themselves into a fiery furnace and not even the hair on their head’s was charred. However, most people, due to their sins, do not merit being on this lofty level. Thus, the Torah commands us to protect our abodes so that no death occurs as a result of our negligence, and that we not endanger ourselves through expecting a miracle.
Based on his words, the obligation to erect a fence around one’s roof applies even to a house where fully righteous people reside, since the Torah has commanded everyone to follow the ways of nature and build a fence around one’s roof, for a roof without a fence presents clear and apparent danger for falling.
Thus, obviously, justice lies with the residents who wish to build a fence around the roof of the building. This is besides the fact that a portion of the residents may force the others to do anything that is accepted in that city, even if does not entail danger; however, we cannot discuss all of the details of these laws at this point.
