QUESTION: Does a porch or an outdoor balcony require a ma’akeh?

ANSWER: The Ritva (Mo’ed Katan 11a) quotes the Sifri which states that a porch that extends in front of an apartment is exempt from the mitzvah of ma’akeh. The Torah only states that there is an obligation to build a ma’akeh on a roof. The Chazon Ish (CM Likutim 18:1-2) cites this Sifri as a proof that the mitzvah of ma’akeh is not a mitzvah sichlis (dictated by logic). He extends this principle to an outdoor balcony (marpeset) that is part of an apartment but stands outside the building. Although it is used like a room in the house, since it does not serve as a rooftop for a living space below, it is not included in the mitzvah. Nonetheless, because of the sakana, one is obligated to fence it in with a railing that is three tefachim high, but a bracha is not recited. Many other Poskim disagree with this ruling. They differentiate between the porch that is discussed in the Sifri, which is not used as living space, and the common marpeset or porch, which is like a room in the house. The Shevet HaLevi (3:66) writes that one is required to build a ma’akeh and a bracha should be recited. Sefer Birur Halacha (CM kama 427) writes that some claim that the Chazon Ish retracted his ruling. 

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.