Is 36.5 inches high enough for a maakeh (already constructed) for my balcony outside my bedroom?
Answer:
36.5 (=92.5 cm) inches is a little over halfway between the shiurim of Rav Chaim Na’eh (80cm) and the Chazon Ish (100cm).
Although Mishnah Berurah writes that for Torah matters one should be stringent to use the ‘doubled’ shiurim of the Tzelach (which is the Chazon Ish shiur), some are lenient even with regard to Torah laws (such as separation of challah), particularly after a number of fairly recent discoveries (of ancient coins, and so on) that appear to side with Rav Chaim Na’eh, and there would therefore not be an obligation to take down the maakeh and construct a new one. However, there would be a hiddur to do so, and if you can somehow add three more inches to make up the Chazon Ish shiur this would be ideal.
Sources: The height of a maakeh must be ten tefachim. The general subject of shiurim, and in particular the famed dispute between Rav Chaim Na’eh and the Chazon Ish is the subjet of voluminous writing by modern poskim (the Steipler wrote several works on this, as did Rav Chaim Na’eh, and since then much has been added). We will please G-d try to dedicate a weekly article to elucidating the topic.
Is there any leniency on a maakeh that’s 2 inches on my porch
Sorry 27 inches
There is a smaller shiur than R’ Chaim Na’eh, based on discoveries of coins. However, it is only slightly smaller, and 27 inches will probably not be high enough even for this.
Besides, one cannot rely on this smaller shiur, the more so for a Torah matter.
If the place is obligated in a maakeh, you should therefore make sure that it is high enough – both for the halachic reason and for actual safety concerns.
Leave a comment