Parshat Ki Tetze; Deuteronomy 21:10-25:19 by Rabbi Denise L. Eger

Embedded in this week’s very full portion is an obscure verse, which commands us to build our homes with a parapet on the roof. “When you build a new house, you shall make a parapet for your roof, so that you so not bring bloodguilt on your house if anyone should fall from it.” A parapet is a low wall or rail that projects from the platform, terrace or roof. It rises above the corner of building or it can even be part of a larger defensive wall of a castle. It is found in many types of architecture and in fact is a requirement in many modern building codes.

Maimonides the great Jewish scholar wrote extensively about this mitzvah:

The height of the parapet cannot be less that two feet so that [a potential] faller will not fall from it and each piece of the parapet has to be strong enough so that leaner can lean upon it and won't fall. Anybody who puts up his roof without a parapet has violated the positive commandment and transgressed a negative commandment -- "you shall not spill blood." Both the roof and any other object of potential danger, by which it is likely that a person could be fatally injured, require that the owner take action... just as the Torah commands us to make a fence on the roof. ... and so, too, regarding any obstacle which could cause mortal danger, one [not just the owner] has a positive commandment to remove it... if one does not remove it but leaves those obstacles constituting potential danger, one transgresses a positive commandment and negates a negative commandment "Thou shall not spill blood."

This passage from Maimonides should give us pause for reflection in a post Katrina world. What is the responsibility of those who knew that levees were an “object of potential danger?” According to the Torah and to Maimonides they have sinned and must be held responsible. They have shed blood and committed murder.

And what about other potential danger? In the last two weeks we have seen what happens to the most vulnerable in our society in a time of emergency and crisis. We have seen the horrific effect of this Hurricane and its aftermath upon the sick and elderly, small children and those who are mired in poverty. We are also taught that this verse in the Torah can be understood as related to a verse in Leviticus 19:16 “You shall not stand by while your fellow’s blood is shed.” We are obligated to be concerned, beyond our own health and safety, with the health and safety of our fellow members of society. Thus the parapet or guardrail that we must build is akin to the safety net that protects society’s weakest and most vulnerable.

In our quest for cheap taxes, high profits, and quick returns on our investments, our society and certainly our politicians in their quest to be re-elected have dismantled the poor’s (ma’akeh) guardrail or protection.

The crisis brought about by Hurricane Katrina brought home to America as never perhaps since the Great Depression the underbelly of poverty. It is time to address the growing chasm between rich and poor in our nation. Even as we scramble to care for those displaced by the Flooding in New Orleans and the destruction along the Gulf Coast, there are still an estimated 90,000 homeless already in Los Angeles. Shouldn’t this verse in the Torah remind us of our obligation to provide protection and yes, housing –to provide protection from the mortal dangers of life on the streets?

Our Torah speaks to us at many levels. The time for political puffery and partisan positioning is over. It’s time for us to care again and help again and yes, solve problems together again.

We have seen with our own eyes what can happen when we ignore these issues in the faces of the citizens of New Orleans. Now let us work together so that we can restore dignity to our fellow citizens both here and there.

Posted by Lee at September 12, 2005 09:08 AM