In Choshen Mishpat the Tur ends at Siman 426. However in Shulchan Aruch there is an additional siman — 427. Do you know of anyone who speaks about this? Why didn’t the Tur have this Siman?
Answer:
The Tur does not mention the laws of Maakeh in his compilation, the reason why being a good question.
Rabbi Mazuz (cited in Or Chadash 5755, siman 145) addresses the question, and writes that the Tur wished to finish his compilation specifically with 426 simanim in Choshen Mishpat. This, however, does not appear to be a completely satisfactory approach for the omission of this important halachah.
Another idea that has been proposed is based on the Torah Temimah (Devarim 28), who writes that the laws of ma’akeh apply specifically to Israel, because the roofs outside Israel are slanted. The Tur, writing outside Israel, therefore omitted the halachos.
This, too, is not particularly satisfactory, because the Tur should still have mentioned the halachos for the sake of those countries that have flat roofs.
Therefore, I don’t have a good explanation for the omission.
