A Daf A Day (daf yomi)

A daf yomi blog for discussion, questions and comments on the daily daf.

Tuesday, January 17, 2006

Maake

I heard a couple people ask this question when we learned it a few weeks ago so yesterday when I saw this from Kollel Iyun Hadaf I figured that I'd post it here also.
Eric Haas asked:

Something that occurred to me - R. Yosef establishes the case he couldn't
remember as having partitions around the walls of the roof. Doesn't a flat
roof have to have a maakeh of ten tefachim according to halacha, so how
could the case be otherwise?

Eric Haas, Philadelphia, USA
----------------------------------------------
The Kollel replies:

The case could be this way for a variety of reasons. One reason may be
that the surface on top of the roof might be a Chatzer for Jews, while the
building itself is owned by a Nochri, which would make the Jews exempt from
Mitzvas Makeh. Or the building is owned as a partnership between a Nochri
and a Jew which might also be a reason that it could be Patur from Makeh
(see Minchas Chinuch Mitvzah 546:7).

All the best,
Yaakov Montrose
I had thought of a couple other possible answers: In Choshen Mishpat 425:1, it says that only a beis dira requires a maake. So maybe here we're talking a case where it's not a beis dira under it.

Also, it's a machlokes Rishonim how high the maake has to be. The Rambam paskens that it must be 10 tefachim all the way around but the Raavad argues. So according to the Raavad it may not be a question.

2 Comments:

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