דברים פרק כב , ח אֹלְו
ךֶגַּגְל הֶקֲעַּמ ָתיִ שָעְו ׁשָדָח תִיַּ ב הֶנְבִת יִ כ -
ךֶתיֵבְ ב םיִמָ ד םיִ שָת
ספרי ועשית – זו מצוה עשה, ולא תשים דמים בביתך – זו מצוה לא תעשה
Rambam says that one makes a blessing “asher kideshanu...” when making a Maakeh. This seems to contradict what he states elsewhere, that one does not make a blessing on washing one’s fingers after the meal, since one does not make a blessing on a matter which is done to prevent danger. And a Maakeh seems to exist to prevent a danger of falling off an elevated place. And it is not reasonable to say that washing one’s hands is to prevent a danger to oneself and a Maakeh is to prevent a danger for others, since what is the difference?
T.T. answers that the main point of this Mitzvah is in the land of Israel, where the roof tops are flat and people frequent the rooftops, like the inside of the house and not a normal place of danger. Thus, since they frequently use the roof tops, a logical concern exists that someone might fall off the roof, and thus, a Maakeh is required. This is much different than “our” homes, where the rooftops are infrequently used, and at those times when one does go onto the roof, one would be very careful to prevent falling off. Therefore, our roofs would not be obligated with Maakeh.
