If evergreen bushes span the entire length of a side of a porch, at about waist-height for someone on the porch, do the bushes remove the need for a railing? The difference being that a railing can be relied on to prevent a fall while bushes may prevent a fall.
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I would think yes. I was told the barrier is only needed to warn people, not to prevent. Bushes might even be better since nobody will lean on the bushes.– aviAug 5, 2011 at 13:33
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5@avi: I'm not so sure about that. Shulchan Aruch (Choshen Mishpat 427:5) says that "it has to be strong, such that a person can lean on it and it won't fall." True that people don't usually lean on bushes, but if someone does, it won't break his fall.– AlexAug 5, 2011 at 14:49
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it's difficult to get through most hedge bushes. Guess it depends on the bushes and depends on the railing.– aviAug 5, 2011 at 15:17
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1 Answer
http://www.star-k.org/kashrus/kk-mitzvos-maakeh.htm
The ma'akeh does not have to be a solid wall, but any spaces should be sufficiently narrow that a child cannot fall through. The ma'akeh should be sufficiently sturdy that it will hold back a person who falls against it.
answered Aug 5, 2011 at 15:05
