Shulchan Arukh Choshen Mishpat · Siman 427

Shulchan Arukh Choshen Mishpat 427 — English translation

Translation: Sefaria Community Translation. Section numbers match the Hebrew text above.

1. 1It is a positive commandment to make a fence on one's roof as it says "and you shall make a fence for your roof". This applies if it is a dwelling place, but a storage house or a cattle house and the like do not require one.
2. 2Any house that is not at least 4 cubits by 4 cubits is exempt from making a fence.
3. 3A house of two partners is obligated to have a fence around its roof, as it says “lest any one fall from it”. This is applicable whenever someone is liable to fall. If so, why does it say “your roof”? To exclude synagogues and study halls, since they are not made for residence.
4. 4If a public road is higher than the roof, a fence is not required. As it says: "lest the one who falls will fall from it ".
5. 5The fence must not be shorter than ten handbreadths so that one will not fall from the roof, and the fence must be strong so that a man can lean on it and will not fall.
6. 6All that do not build a fence on their roof violates a positive commandment and a negative commandment. As it says, "do not place blood in your home".
7. 7Both a roof or anything dangerous where it's probable that someone will stumble upon and fall, for example if there was a well or a hole in his yard, whether there is water in it or not, one is obligated to make an embankment ten-handbreadths high, or to cover it, lest a person fall into it and die.
8. 8Likewise, one has a positive duty to remove and guard oneself of any life-threatening obstacle, as it is said "beware and guard your soul". If one did not removed said obstacles, one has cancelled a positive commandment and transgressed "do not bring bloodguilt" (Deut. 22:8).
9. 9The sages prohibited many things because of danger to a person. And some of them are explained in the Tur. Additionally, there are other things and these are they: A person must never put his mouth to a pipe spouting water and drink; he must not drink from rivers or ponds at night, for fear that he might swallow a leech without seeing. Rama: I have already written these in Shulchan Arukh, Yoreh De'ah 116:5
10. 10Anyone who transgresses these matters and similar ones, saying, "I am endangering myself—what does it matter to others?" or "I am not careful about this" is subject to lashes for rebelliousness. But one who takes care to avoid them—may that one be blessed with goodness.

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