He will fall by himself – Ki Tetzei
A fascinating law in Ki Tetzei deals with making a parapet on the roof: “When you build a new house, you shall build a parapet for the roof, so that you do not cause anyone’s death should he fall from it” (Deut. 22:8).
The Torah has in mind a house with a flat roof on which it was possible to walk. Most people would take care on the roof, but it may be that a person’s footing would be uncertain because he was drunk. Concerning him the Talmud says, “Leave a drunken man alone and he will fall by himself” (Shabbat 32a) – i.e., if someone does himself an injury, it may be that he had it coming, that he was inviting trouble.
If that is so, why should I have to go to the effort of building a parapet for someone who was putting himself at risk anyway because of his condition?
The answer is that, yes, maybe he had it coming, but as a responsible person I am still obliged to protect him, even from himself. The Torah has in mind protecting a person who happens to be on my roof, a fact which inevitably involves me. But perhaps I should consider acting lifnim mishurat hadin, doing more than the law requires, and protecting him even if he is not on my roof or property.
A thought that has widespread implications; if, for instance, I can see that a person’s course of action in business or elsewhere is headed for disaster, I may have no legal obligation to try and help him, but morality tells me that I dare not sit idle and see him suffer.
