When we build a new house, God says to make a battlement for the roof so we’ll not be guilty of manslaughter if someone falls from the rooftop and dies. (De 22:8) This certainly makes sense in the context in which it was first given, where houses were generally constructed with a flat roof which was used as a living space; in such cases providing a barrier around the edge to keep people from harm is consistent with charity.
Yet how do we respond to such a law for steep rooftops, upon which only trained professionals are ever allowed? Do we violate this law because we think we understand its context and spirit, presuming it’s not applicable or obsolete in our case? or do we build completely useless barriers around rooftops which serve to protect no one?
If sin is the transgression or violation of the law (1Jn 3:4), in either the letter or the spirit, it seems we should not ignore the law, or violate it at any level for any reason. Yet it also seems inappropriate to build useless fences around our rooftops – making us appear foolish to the world and positioning Torah itself as ridiculous and burdensome. Neither approach seems reasonable.
If we look at the text carefully, it says to build a parapet, or a barrier or wall for our roof; the barrier need not be above or even upon the roof, just for the roof. To serve the intended function this battlement must be between the edge of the rooftop and those occupying our residence to prevent anyone from ever accidentally falling off.
For houses with steeply pitched roofs the exterior wall of the home itself serves as this battlement or barrier: when there is no rooftop access from within the home, if one must go to considerable trouble to climb up and over the exterior wall to access the roof, it seems this law in Torah is being respected both in spirit and in letter, in truth at every level.
However, for any home which provides convenient access to the rooftop, surrounding the accessible portion of the roof with a sturdy, waist-high fence to prevent anyone from accidental injury is clearly the Law of Love. (Ro 13:10)
This principle shows us we should make reasonable efforts to promote the safety and well-being of others at all times, taking steps to prevent accidental injury of any kind.