Translation:Shulchan Aruch/Choshen Mishpat/427

Paragraph 1- There is a positive commandment for a person to create a fence of his roof, as the verse states, “and you shall make a fence for your roof.” This assumes the roof is for a house one lives in. With respect to a storage house or barn or something similar, however, one is not required to build a fence.

Paragraph 2- Any house that is not four amos by four amos does not require a fence.

Paragraph 3- A house of two partners requires a fence, because the verse states, “when one falls from it.” The Torah makes the requirement dependent on a person potentially falling. If, so why does the verse state “your roof”? To exclude synagogues and study hall because they are not made for dwelling.

Paragraph 4- If the public domain was higher than one’s roof, he is not required to build a fence, because the verse states, “when one falls from it.”

Paragraph 5- The height of the fence can be no less than 10 tefachim, so that one cannot fall from it, and the wall must be strong so that a person can lean on it and not fall.

Paragraph 6- If one leaves his roof without a fence, he has nullified a positive commandment and violated a negative commandment, as the verse states “and you shall not place blood in your house.”

Paragraph 7- The requirement applies for both a roof and anything that is dangerous and a person may stumble on and die. For example, if one had a well or courtyard, regardless of whether it had water or not, he would be required to piled earth 10 tefachim high or make a cover so that a person does not fall in and die.

Paragraph 8- Similarly, in the case of any obstacle that is life-threatening, there is a positive commandment to remove it, to guard it and to be very careful with it, as the verse states, “guard it and guard your soul.” If he does not remove it and he leaves obstacles that lead to danger, he has nullified a positive commandment and violated “you shall not place blood.”

Paragraph 9- There are many things that the Rabbis prohibited because they are life-threatening, and some of them are discussed in Tur Yoreh Deah Siman 116. There are a few additional items. They are the following: one may not place his mouth on a pipe shooting out water and drink and one may not drink from wells and swamps at night less he swallows a leech without seeing. I already wrote about these matters in Siman 116 of Yoreh Deah. See there.

Paragraph 10- If anyone violates these things or something similar, and says I am placing myself in danger and why do others care about me, or he says he is not concerned with it, we would give him mardus lashes. One who is careful with these will receive a blessing of good.