Seek Out The Welfare of Jerusalem: A Guardrail For The Roof Of The Beis HaMikdash

Adapted from Likkutei Sichos, Vol. XXIV, Parshas Ki Seitzei

The Difference Between the Roof of the Beis HaMikdash and the Roof of a Synagogue

In his description of the height of the Beis HaMikdash,[1] the Rambam mentions "a guardrail, three cubits high." Similarly, the Sifri states that the verse,[2] "When you build a new house, you shall make a guardrail for your roof," teaches us that the roof of the Beis HaMikdash requires a guardrail.

This requirement is somewhat problematic, for our Sages explain[3] that the phrase "your roof" in the above verse is an exclusion, freeing the roofs of synagogues and houses of study from this obligation. Since these are not "your roofs," i.e., the private property of individuals, there is no obligation to construct a guardrail. Seemingly, the same concept should apply in regard to the Beis HaMikdash. Its roof is not "yours," and seemingly, should not require a guardrail.[4]

The Rogatchover Gaon attempts[5] to resolve this difficulty on the basis of the Sifri's statements[6] that the obligation of building a guardrail is incurred immediately after a house is completed, even before one has begun to dwell in it. Accordingly, since the Beis HaMikdash was not consecrated until after its construction was completed,[7] the obligation to build a guardrail was incurred before the building was consecrated. And therefore, the guardrail was necessary. In contrast, there is no obligation to build a synagogue in this manner. Therefore, there is never a time when a guardrail is required.

There are, however, several difficulties with this explanation:

The leniency mentioned by the Sifri is the opinion of only one Sage and is not accepted by all authorities.[8]
The reason that a synagogue or a house of study does not require a roof is not because it is consecrated, but because it does not belong to a particular individual. It is not "your roof."
When a house that requires a guardrail is afterwards dedicated as a synagogue, the obligation to construct the guardrail no longer applies. Seemingly, this concept should also apply in regard to the Beis HaMikdash.

Thus the question raised originally remains unresolved: Why is it necessary to construct a guardrail for the roof of the Beis HaMikdash?

Our Partnership in the Beis HaMikdash

It is possible to explain the Rambam's ruling by referring to Rashi's explanation[9] as to why it is not obligatory for a synagogue to have a guardrail. Rashi states that the reason is because "no individual has a portion in it, for it also belongs to [Jews] overseas."

It appears that Rashi's intent is to differentiate between a synagogue and a house owned by partners. Our Sages[10] explain that the roof of a house owned by partners requires a guardrail. Although it cannot be called "your roof" (singular), the rationale cited in the verse[11] which serves as the prooftext for the mitzvah - "a person may fall from it" - still applies. Therefore, a guardrail must be constructed for such a roof.

Why does the same concept not apply to the roof of a synagogue? There too, seemingly, the possibility of falling exists.

Rashi's commentary clarifies this issue: Although there is every reason for the roof of a synagogue to require a guardrail, there is no obligation, because there is no one - or no group of people - responsible to meet this obligation. In this context, the members of the community are not considered as partners who own the synagogue, because all Jews, even those overseas, have a portion in it.

There are several halachic contexts in which a synagogue is considered as the joint property of the community.[12] Nevertheless, since the obligation to erect a guardrail is incumbent on the person who dwells in the home, and Jews from all over the world have a right to use synagogues everywhere, there is no one individual or communal body on whom to place the responsibility for the guardrail of a synagogue.[13]

In regard to the Beis HaMikdash, by contrast, the partnership role of the entire Jewish people is emphasized to a greater extent. For the mitzvah of building the Beis HaMikdash is incumbent on every member of the Jewish people,[14] [and must be fulfilled by the people as a united communal entity].[15] For this reason, the funds to build the Beis HaMikdash were donated by the people as a whole.[16]

Thus the Beis HaMikdash can be compared to a house owned by partners, i.e., every member of the Jewish people. Since there is the possibility of someone falling from the roof of that house, the same communal authority that takes responsibility for the construction of the Beis HaMikdash as a whole, is also obligated to construct its guardrail.[17]

The Ultimate Dwelling

A difficulty, however, still remains: A guardrail is required only for a building which is used as a dwelling.[18] Indeed, this rationale is also given to explain why the roofs of synagogues and houses of study do not require guardrails.[19] Why then is a guardrail required for the Beis HaMikdash? Is the Beis HaMikdash a dwelling?

There are several approaches through which this difficulty can be resolved. Firstly, we find that the fundamental definition of a dwelling is a place where one eats.[20] It is permitted - albeit only when extenuating circumstances require it - to eat sacrifices of the most holy order, ohase hase, in the sanctuary of the Beis HaMikdash.[21] Therefore, the Beis HaMikdash is considered as a dwelling, and requires a guardrail.

Moreover, in a larger sense, the Beis HaMikdash can be considered as a dwelling, not for man, but for G-d, for it is His eternal resting place.[22] Since the building serves as His dwelling, but since it is also used by man, the possibility exists that a person may fall from its roof; therefore a guardrail is required.

The roof of the Beis HaMikdash is significant, for "Mashiach will stand on the roof of the Beis HaMikdash and tell the Jewish people; 'Humble ones, the time for your Redemption has come.' "[23] May we merit to see this pronouncement blossom into total fulfillment when Mashiach leads the entire Jewish people, to Eretz Yisrael, to Jerusalem, and to the Beis HaMikdash. And may this take place in the immediate future.

Notes:

(Back to text) Hilchos Beis HaBechirah 4:3.

(Back to text) Devarim 22:8. The teaching of the Sifri is significant, because it demonstrates that the guardrail constructed on the roof of the Beis HaMikdash was not built merely for aesthetic purposes as suggested by the Sifri d'Bei Rav (commenting on this passage).

(Back to text) Chulin 136a.

(Back to text) See the Sifri d'Bei Rav, loc. cit., and the Minchas Chinuch, mitzvah 546.

(Back to text) See the notes of Tzophnas Paneach to Devarim, loc. cit. and to Hilchos Beis HaBechirah, loc. cit.

(Back to text) Loc. cit.

(Back to text) Me'ilah 14a. This was necessarily so that the workers who constructed the Beis HaMikdash would not be considered as liable for misusing sacred property by resting in the shade of the building.

(Back to text) Indeed, when discussing the laws governing the construction of a guardrail, Hilchos Rotzeach U'Shemiras HaNefesh, ch. 11, the Rambam does not mention this concept.

(Back to text) Chulin, loc. cit.

(Back to text) Op. cit.

(Back to text) Devarim, loc. cit.

(Back to text) See Yoma 12a, Megillah 26a, Nedarim 48a. See also Hilchos Tefillah 11:16.

(Back to text) Tzophnas Paneach, Vol. II, p. 87a.

(Back to text) Hilchos Beis HaBechirah 1:12.

(Back to text) [The conclusion of the Rambam's discussion of positive mitzvos in Sefer HaMitzvos.]

(Back to text) Thus we find that King David bought the land for the Beis HaMikdash, using funds collected from the entire Jewish people Sifri (and Rashi), commenting on Devarim 12:14, Zevachim 116b.
There is somewhat of a difficulty with this concept, for when a person donated funds to the Beis HaMikdash, he was required to renounce all personal claims of ownership. As such, the treasury of the Beis HaMikdash was not considered the communal property of the Jewish people, with every individual having a share, but rather as an independent entity (Rosh HaShanah 7b).
This concept does not, however, totally divorce the donations from a connection with their donor. This is reflected in our Sages' (Bamidbar Rabbah 18:10) interpretation of Moshe's prayer that G-d not accept the offering of Korach and his followers (Bamidbar 16:15), as referring to their share in the communal offerings. See also the Rambam's Commentary on the Mishnah (Nedarim 5:5) which states that the Beis HaMikdash "is built... from the resources of the entire Jewish people and each individual has a share."

(Back to text) In contrast, the local communal body responsible for constructing a synagogue has not been entrusted with funds by the Jewish people at large. Hence, they need not accept the responsibility for a guardrail, an obligation incumbent on all members of the Jewish people as explained above.

(Back to text) Sifri, Devarim, loc. cit., Rambam, Hilchos Rotzeach U'Shemiras HaNefesh 11:1.

(Back to text) Rashi, Chulin, loc. cit.

(Back to text) See the Shulchan Aruch HaRav 639:12: "The essence of the mitzvah of dwelling in the sukkah is eating in the sukkah."

(Back to text) Zevachim 63a, Hilchos Maaseh HaKorbonos 10:3.
It must be noted that one is also allowed to eat in a synagogue (Hilchos Tefillah 11:6, Tur and Shulchan Aruch, Orach Chayim 151); nevertheless, a synagogue is not considered as a dwelling because of this.
A distinction, however, can be made between the two. Only a snack can be eaten in a synagogue (hgrt ,khft). One may not eat an important meal there (gce ,khft). In regard to the Beis HaMikdash, by contrast, we are speaking of partaking of sacrificial foods. Their consecrated nature causes the meal of which one partakes, however small, to be considered as important (gce ,khft).

(Back to text) See Tehillim 132:14. Hilchos Beis HaBechirah 1:3.
Note, however, the Chasam Sofer (Yoreh De'ah, Responsum 281) who explains that the Beis HaMikdash did not require a mezuzah (see Hilchos Mezuzah 6:6), because it is a dwelling for G-d, and a mezuzah is required only for a dwelling for mortals.
It is possible, however, to differentiate between the affixing of a mezuzah and the construction of a guardrail. A mezuzah distinguishes a house as a Jewish dwelling, by attaching G-d's Name to it - and this is hardly necessary for the dwelling of G-d. A guardrail, by contrast, has a practical purpose - to prevent a person from falling, and this is necessary, even in the Beis HaMikdash.

(Back to text) Yalkut Shimoni, Vol. II, sec. 499, commenting on Yeshayahu 60:1.