1. THE VOWS OF MINORS
In Hilchos Nedarim, Rambam (based on the Mishnah) records the rules governing the vows of minors, stating the following:
{The following rules apply to} a male minor who is twelve years and one day old and a female minor who is eleven years and one day old who took an oath or a vow... We examine them and ask them {questions}. If they know for Whose sake they took the vow... their vows are binding.... If they do not know, their vows and their statements are of no consequence. It is necessary to make an examination throughout the entire twelfth year of a female minor and the entire thirteenth year of a male minor (Meaning: A female minor must be examined from the beginning of her twelfth year [when she becomes eleven years and one day old] until she becomes twelve years and one day old; and a male minor must be examined from the beginning of his thirteenth year [when he becomes twelve years and one day old] until he becomes thirteen years and one day old).
(In the subsequent halacha, he continues:) “What is implied? A minor took a vow... at the beginning of the year, they were questioned, it was discovered that they knew {for Whose sake the vow was taken}, and the vow was maintained. If they took another vow, even at the end of this year, they must be examined again {for the vow} to be maintained. We do not say: ‘Since they were knowledgeable at the beginning of the year, they no longer have to be examined.’ Instead, we examine them throughout the entire year.”
Kessef Mishneh raises a question: “I don’t know where he derives this from, for the Gemara states the following... ‘Why do I need the Mishnah to state further: ‘examine her the entire twelfth year’? It might have entered your mind to say... {in a case} where we examine her for thirty (days) {after she turned eleven} and she did not know how to utter a vow properly, {one might} say that one should examine her no further {until she reaches the age of twelve. Therefore, the Mishnah} teaches us {that she is examined throughout her twelfth year}.’ This implies that the reason {why she must be examined throughout the year} is because she didn’t know how to utter a vow properly. But if she knew how to vow properly, then there would be no need to examine her further.” He then concludes: “It’s possible that our teacher {Rambam} had a different version {which would read as follows:} ‘{in a case} where we examine her for thirty {after she turned eleven} and she knew how to utter a vow properly, {one might} say that one should examine her no further {until she reaches the age of twelve. Therefore, the Mishnah} teaches us {that she is examined throughout her twelfth year}.”
Similarly, Radvaz says that “it seems that our teacher’s version was ‘and knew how to utter a vow properly....’” He then adds: “This is the proper version {of the Gemara}, for if it were like the prevalent version, a question arises: Just because he didn’t know how to vow in the beginning of the year, does that mean that he won’t know how to utter a vow at the end of the year!? What is the author of this Mishnah teaching us by saying ‘we question them the entire year’? In contrast, according to our teacher’s version, the author is indeed teaching us something substantial” (that even though “at the beginning of the year, it was discovered that they knew,” they are nevertheless not established as being presumed to “know how to utter a vow,” and must be examined once again, “even at the end of this year”).
However, in his Commentary on the Mishnah, Rambam writes explicitly, “they are examined the entire twelfth year... we would have thought... if we questioned them thirty days {into the year} and they are found to be unable to understand, then they would not be examined further. {The author of the Mishnah} teaches us that this is not so....” This means that Rambam himself had the version in the Gemara of “and she did not know how to utter a vow.”
