Q. The Gemoro makes it quite clear that a shul should be higher than the roofs of where people live. In an area which has houses, this may not be so difficult, but in a city full of apartment buildings, how does one adhere to this rule? Does it make a difference if there are balconies or roof tops that are used and are above the level of the shul?
A. The Talmud (Shabbos 11a) and Shulcha Aruch (O.H. 150: 2) specifies that the shul should be the tallest building in town, and warns that any city in which the roofs of houses are higher than the synagogue will eventually be destroyed.
However, in modern cities, the above is not practical. The modern high structure of buildings we need, and the zoning laws of our times create a new reality. As such, it is permitted for one to build one’s house taller than the synagogue—though it is preferable to refrain from doing so when possible. (Mishna Berura ibid. 5). Therefore, adjoining balconies or roof tops would not matter in our times.
There are other interpretations to the Talmudic requirement that the shul should be the tallest building, some of them are:
Meiri (Shabbos 11a) explains that it refers to the height of the internal hall of the shul, namely that the ceiling, should be higher than customary rooms in houses.
Zichron Yehuda (1: 59) quoting Rambam, maintains that it applies only when building a new shul.
Orach Neeman (O.H. 151) opines that it refers to the beauty of the building itself and not the actual height.
Rabbi A. Bartfeld as revised by Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu Shlit'a.
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