Among the many mitzvot discussed in this Parsha, several concern themselves with the Jewish home, including the construction of the house itself:

When you build a new house, you shall make a parapet (MA'AKEH) for your roof, so you will not place blood (DAMIM) in your house if one falls (KI YIPOL HA’NOFEL) from it (Devarim 22:8).

Although the word MA'AKEH has no parallel in the Tanach, it is clear from the context that it refers to an enclosure around the roof, a parapet or guardrail.

Ramban points out that many of the mitzvot in the Book of Devarim are essentially continued discussion and elaboration of mitzvot that appeared earlier. However, the mitzvah of ma'akeh appears here for the first and only time. On the other hand, it is related, in a general sense, to the mitzvah:

You shall not stand by while your fellow’s blood is shed (Vayikra 19:16).
We are obligated to be concerned, beyond our own health and safety, with the health and safety of our fellow members of society.

Our verse delineates two mitzvot, one positive and one negative, which are an extension of the above mitzvah (Sefer HaChinuch):

#61623; # 546 - to build a parapet for the roof of one's house;
#61623; # 547 - not to create, or allow to persist, any potentially life-threatening condition.

In the “Laws of the Murderer and Protecting Life”, chapter 11, Rambam codifies some of the details of these laws: Any house that is at least four cubits by four cubits, and is used for dwelling, requires the construction of a sturdy ma'akeh of ten handbreadths' height. By extension, one must erect a sand wall around his well or cistern. One is similarly obligated to remove or repair every hazard: “R. Nathan says: Whence is it derived that nobody should breed a bad dog in his house, or keep a wobbly ladder in his house? From ‘and you will not place blood (DAMIM) in your house’” (Bava Kamma 15b).

One very interesting issue raised regarding the construction of a ma'akeh is whether to recite a bracha. Rambam (“Laws of Berachot” 11:8) says quite clearly that one does, concluding with the words " . . . Who has sanctified us with His commandments, and commanded us to make a parapet." His general principle is that any mitzvah that is fulfilled upon the completion of the act, without requiring further actions, requires a bracha. As a result, there is no bracha for building a sukkah, tying tzitzit, or making a shofar, because these mitzvot are unfinished: one still needs to sit in the sukkah, wear the tzitzit and hear the shofar to fulfill these mitzvot. On the other hand, the mitzvah of ma'akeh is fulfilled upon its completed construction, so it requires a bracha. This is Rambam's position, despite his assertion (par. 4) that one does not recite a bracha over a practice instituted to guard against danger, because the Torah explicitly commands the construction of a ma'akeh.

The majority of authorities agree with the Rambam. Rashba (Teshuvot HaRashba III 283, Da') establishes the principle that any mitzvah whose fulfillment is dependent upon others (e.g., tzedakah, which must be received) is not assigned a bracha. Accordingly, ma'akeh, which one fulfills alone, requires a bracha. Along the same lines, the Chatam Sofer says that the bracha should be recited when putting in the last board, because only then does it become a ma'akeh that prevents others from falling (Teshuvot Chatam Sofer, I Orach Chaim 52, U’mikol makom).

There is a minority view not to recite a bracha for a ma'akeh. Sefer HaRokeach (366) establishes the principle that a bracha is assigned only to those dictates, whether Biblical or Rabbinic, that distinguish the Jewish People from the other nations of the world. After all, the text of the bracha says " . . . Who has sanctified us with His commandments, and commanded us . . . ". But, if a mode of behavior is acceptable to all humankind, it does not "sanctify" us, because it does not differentiate us. Ma'akeh conforms to a standard of safety that is compatible with universal concerns. Therefore, says Rokeach, there is no bracha.

Rokeach's view makes a certain amount of sense, and some authorities agree (Meiri beginning of ch. 3, Megillah; Teshuvot Temim De'im 179 in the name of Baal Ha'itur and the Halachot Pesukot; Yabi'a Omer VIII Orach Chaim 22:26. See also Rabbeinu Bachya, end of Shlach Lecha). Most authorities, however, side with Rambam, and say that the bracha is recited " . . . Who has sanctified us with His commandments, and commanded us to make a parapet."

But, how can we justify saying in our bracha that Hashem "sanctifies us" by means of fulfilling an observance of universal concern?

An answer is suggested by R. Yechiel Michel Epstein in Aruch HaShulchan (Choshen Mishpat 427:10). A Jew must follow even those mitzvot that are "reasonable"  and thus acceptable to civilization as a whole  because they are the decrees of the Almighty, and not only because they appeal to human reason. We obey Hashem's commands, and we make an effort to understand them, but we do not make our understanding the criterion for compliance. In this way, our fulfillment of these commandments "sanctifies" us no less than the commandments of Shabbat and Kashrut.

We are loyal and loving subjects of Hashem. It is in this spirit that we put a roof over our heads. This is a firm foundation for a Jewish home.