The Torah commands in Parashat Ki-Teseh (Debarim 22:8) that if one builds a house with a flat roof, which is used, such that people occasionally walk on it, then he must build a Ma’akeh – a protective fence around it. This verse establishes both an affirmative command to build a Ma’akeh – “Ve’asita Ma’akeh Le’gagecha” – and a prohibition against creating a dangerous situation by failing to build the parapet – “Ve’lo Tasim Damim Be’betecha” (“You shall not place bloodguilt upon your home”). These commands are the source of the more general obligation to maintain safety standards in our property, to protect against danger.
In discussing this Misva, the Sefer Ha’hinuch addresses the philosophical question of why we are commanded to act safely, and avoid hazards, if we are to believe in Hashgaha (providence), that everything is caused by Hashem. The Gemara teaches in Masechet Hulin that a person does not even stub his toe unless this was decreed in the heavens. One might then wonder why we should bother exercising caution, since in any event nothing happens unless Hashem wills it. The Sefer Ha’hinuch responds that Hashem created the world with certain natural laws, and we are to acknowledge and live according to those laws. As such, we need to exercise caution to avoid the dangers of natural forces. Thus, for example, nobody would think to put their hand through fire, figuring that if Hashem does not want his hand to get burned, then nothing will happen to his hand. Similarly, nobody would think to cross their street with their eyes closed, thinking that in any event he will not get hit by a car if G-d does not want him to suffer harm. Hashem created the world such that it runs according to certain natural laws, and so we must take these laws into account. Therefore, we must act with reasonable caution to avoid danger.
The Sefer Ha’hinuch acknowledges that there are rare exceptions to this rule. As we know, Abraham Abinu miraculously emerged unscathed from a furnace into which he was thrown for rejecting idolatry, as were Hanaya, Mishael and Azarya many centuries later. An exceedingly righteous person, the Sefer Ha’hinuch writes, earns Hashem’s supernatural protection, but nobody can assume that he has reached this level, whereby Hashem will suspend the laws of nature for him, because these exceptions are very rare.
Indeed, the Sages taught that we must not rely on miracles, and if one does rely on a miracle, then Hashem will not perform a miracle to save him. The Sefer Ha’hinuch points to the fact that when Beneh Yisrael went out to war, they fought with weapons. They did not just walk onto the battlefield and rely on Hashem’s miraculous deliverance; they followed the laws of nature, while at the same time trusting that G-d would assist them and grant them victory.
The Sefer Ha’hinuch explains that this command requires us to avoid all forms of danger. He gives several examples, such as drinking directly from a river, exposing oneself to the risk of ingesting a creature that could kill him. Another example is drinking beverages which had been left exposed overnight, as it was feared that a snake may have injected its venom into the liquid. The Sefer Ha’hinuch also mentions keeping coins in one’s mouth, which could result in the ingestion of toxic substances that are on the coin’s surface. In general, we are to maintain appropriate safety standards and avoid all forms of danger.
Modern-day examples of the Ma’akeh obligation would be railings or fences on landings and staircases, to ensure that people do not fall from the second floor or from the stairs.
These commands apply in all times and places, and are binding upon both males and females.
One who fails to erect a fence around his flat roof, or to put in place another necessary safety measure in his home, has transgressed both the affirmative command and the prohibition of “Ve’lo Tasim Damim Be’betecha.” He is not liable to Malkut for transgressing this prohibition, both because no action is performed, and because it can be corrected by proceeding to erect the Ma’akeh, and Malkut are not incurred for a violation which can be rectified (“Lav Ha’nitak La’aseh”).