Moed Kattan 5

Our Gemara on Amud Aleph mentions the importance of maintaining safe roads so that it is done even on chol HaMoed. If it is not done and someone is injured the Gemara says that should anyone be injured as a result of negligence in this regard, it is tantamount to murder. According to Tosafos, the Gemara’s proof text is from Devarim 22:8, that requires a person to make sure their home is safe.

כִּ֤י תִבְנֶה֙ בַּ֣יִת חָדָ֔שׁ וְעָשִׂ֥יתָ מַעֲקֶ֖ה לְגַגֶּ֑ךָ וְלֹֽא־תָשִׂ֤ים דָּמִים֙ בְּבֵיתֶ֔ךָ כִּֽי־יִפֹּ֥ל הַנֹּפֵ֖ל מִמֶּֽנּוּ׃ When you build a new house, you shall make a border for your roof, so that you do not bring bloodguilt on your house if anyone should fall from it.

Apparently, to the community leaders, the entire public thoroughfare is akin to a private person’s home, and similar responsibility for keeping people safe applies.

This verse about making a border is applied halakhically, and even mystically, in a variety of ways. The Gemara (Kesuvos 41b) quotes a beraisa:

Rabbi Nasan says: From where is it derived that a person may not raise a vicious dog in his house, and may not place an unsteady ladder in his house? It is as it is stated: “And you shall make a parapet for your roof that you shall not place blood in your house” (Deuteronomy 22:8). It is prohibited to leave a potentially dangerous object in one’s house, and one who refuses to remove it is excommunicated.

The Shalah (Ki Setzheh Derech Chayyim) explains this border as allegorically referring to a railing to set limits to one's pride. The roof is the highest point of the house, and symbolizes pride; the railing represents a restriction on one's pride. The Chida (Chomas Anakh) says the new home is the new space one carved out after repentance, and this hints that one must make sure that adequate safeties are in place to prevent relapse.

I will add, in modern times our dangers are less about dogs or rickety ladders thanks to the Department of Health and the Department of Buildings. Many of the dangers in our homes are of an emotional kind. Let us work to make our homes feel safe and protected.

Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation

Do you like what you see? Please subscribe and also forward any articles you enjoy to your friends, (enemies too, why not?)