פרשת כי תצא תש"ו - מצות מעקה

כי תבנה בית חדש WHEN THOU BUILDEST A NEW HOUSE, [THEN THOU SHALT MAKE A BATTLEMENT FOR THY ROOF] — If thou hast fulfilled the command of שלוח הקן (of letting a mother bird go when the nest is rifled), you will in the end be privileged to build a new house and to fulfill the command of “making a guard-rail”, for one good deed brings another good deed in its train, and you will attain to a vineyard (v. 9), fields (v. 10) and fine garments (vv. 11—12). It is for this reason (to suggest this) that these sections are put in juxtaposition (Midrash Tanchuma, Ki Teitzei 1).

The passage of when you buy a new house is juxtaposed to the previous passages, because the commandments concerning residences will apply only after engaging in warfare upon entering the land.

The passage of when you buy a new house is juxtaposed to the previous passages, because the commandments concerning residences will apply only after engaging in warfare upon entering the land.

falling person Scripture employs prolepsis, describing what he becomes. Compare, “the condemned [literally: the dead person] will die” [17: 6], “you strip the naked of their clothing” [Job 22: 6], and also “the sons moved strongly” [Genesis 25: 22]. Countless other words, as well, describe what their referents will become. We do not know whether this is the ordinary Hebrew idiom, or whether they are all prophetic utterances (like “he pursued as far as Dan” [Genesis 14: 14], “to Grapecluster Valley” [Numbers 13: 23], and “therefore a man shall leave his father and his mother, and join with his wife” [Genesis 2: 24]). The commandments of sowing and planting follow the commandments involving a house, because after entering the land, and building a house, one proceeds to sow.

You shall not plow with an ox and a donkey God shows mercy to all of His creatures (for a donkey is not so powerful as an ox). This passage is connected to the previous one through the common concept of sowing. For the same reason, Scripture proceeds to discuss wool-and-linen. This prohibition was mentioned before [Leviticus 19: 19] in general terms, but now Scripture explains it to denote wool and linen, and no other fabrics.

you must make for yourself tassels The Dissenters claim that this is a separate commandment, applicable at night, as the “fringes” [Numbers 15: 38] are applicable during the day, and for this reason Scripture says which you cover yourself. The Exegetes, though, have transmitted to us the knowledge that this verse discusses the same commandment as the “fringes”, and that it is applicable only during the day. The word tassels is to be interpreted in the sense wherein it was used apropos the building of the Temple: “wreathes of chain-work” [I Kings 7: 17]. The Dissenters derived it from “largeness”; but we shall believe only in the words of our forebears. Scripture mentions this verse in order to specify that the commandment applies only to things with four corners. It is connected to the topic of wool-and-linen, because wool-and-linen is permissible on one’s fringes [Yevamot 4b].

When thou buildest a new house, then thou shalt make a parapet for thy roof, that thou bring not blood upon thy house, if any man fall from thence.

The word railing [Hebrew: maɒ qeh] has no cognates; its meaning is understood from context. One grammarian [it is not certain who is meant, but it could be Yosef Qimḥi — Translator] derived it from “the offenses [Hebrew: aqat] of the wicked” [Psalms 55: 4], and thereby succeeded only in being rather offensive himself.

He who purifies himself from a corporeal ṣara‘at is like a kohen undergoing consecration [8:24]; for sin is like a spiritual ṣara‘at. thumb denotes the joint of the thumb, which is the origin of all activity right because of the greater strength of the right side.lobe This word’s meaning is evident from context, and it symbolizes that one must attend to what has been commanded.

the spinal column This word is understood from its context, since it has no cognate. Some people derive it from the word “wood”, but that is far-fetched.

כי יפל הנפל [THAT THOU BRING NOT BLOOD UPON THY HOUSE] IF ANY MAN FALL FROM THENCE — (The words may be taken to mean: if he that is to fall (הנופל) falls from it). This suggests: this man deserved to fall to his death (on account of some crime he had committed), nevertheless his death should not be occasioned by your agency, for meritorious things are brought about through the agency of good men and bad things only through the agency of evil men (Sifrei Devarim 229:7).

והאלהים אנה לידו BUT GOD GOT IT READY FOR HIS HAND — But why should this go forth from Him (be brought about by God)? This is just what David tells us: (I Samuel 24:13) “As says the proverb of the ancient (הקדמני) “Wickedness proceededeth from the wicked”. — “The proverb of the קדמני” is the Torah, the maxim of God, Who it the “Ancient” (Whose existence preceded that) of the world. But where indeed does the Torah say, “Wickedness proceedeth from the wicked”? It says it implicitly in the verse: “But God got it ready for his hand”. For what is Scripture here speaking about? About two men, one of whom killed a person with premeditation and the other killed inadvertently, and in neither case were there witnesses to the deed who could testify about it. Consequently, the former was not put to death and the latter was not forced into banishment to a city of refuge (cf. Numbers 35:11). Now God brings them together at the same inn. He who killed with premeditation happens to sit beneath a ladder, and the other who killed inadvertently ascends the ladder and falls, when descending it, upon the man who killed with premeditation and kills him. Witnesses now being present they testify against him, so compelling him to be banished to one of the cities of refuge. The result is that he who killed inadvertently is actually banished and he who killed with premeditation actually suffers death (cf. Mekhilta d'Rabbi Yishmael 21:13:1 and Makkot 10b).

When thou buildest a new house, then thou shalt make a parapet for thy roof, that thou bring not blood upon thy house, if any man fall from thence.

The justification for this is from the ruling of Rabbi Natan, as it is taught in a baraita: Rabbi Natan says: From where is it derived that one may not raise a vicious dog in his house, and one may not set up an unstable ladder in his house? The verse states: “You shall not bring blood into your house” (Deuteronomy 22:8), i.e., one may not allow a hazardous situation or item to remain in one’s house. As long as the belligerent dog or cat is still alive, the owner is in violation of this verse and therefore the court may excommunicate him for failing to remove the danger.

When thou buildest a new house, then thou shalt make a parapet for thy roof, that thou bring not blood upon thy house, if any man fall from thence.

falling person Scripture employs prolepsis, describing what he becomes. Compare, “the condemned [literally: the dead person] will die” [17: 6], “you strip the naked of their clothing” [Job 22: 6], and also “the sons moved strongly” [Genesis 25: 22]. Countless other words, as well, describe what their referents will become. We do not know whether this is the ordinary Hebrew idiom, or whether they are all prophetic utterances (like “he pursued as far as Dan” [Genesis 14: 14], “to Grapecluster Valley” [Numbers 13: 23], and “therefore a man shall leave his father and his mother, and join with his wife” [Genesis 2: 24]). The commandments of sowing and planting follow the commandments involving a house, because after entering the land, and building a house, one proceeds to sow.

ולא תשים דמים בביתך כי יפול הנופל, if it were to happen that someone falls off that roof you could not have been the indirect cause, seeing you had put up a protective railing. Had you not done so, your family might bear part of the guilt for such a mishap.