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
explain3 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 attempts5 to resolve this difficulty on the
basis of the Sifri’s statements6
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:
a) The leniency mentioned by the Sifri is the opinion
of only one Sage and is not accepted by all authorities.8
b) 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.”
c) 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 explanation9
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 Sages10 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 verse11
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.
Adapted from Likkutei Sichos, Vol. XXIV, Parshas Ki
Seitzei
