4. THE AGE OF VOWS
This will be clarified by first examining yet another difference between the two editions of Commentary on the Mishnah — regarding “the age of vows” [namely, the rule that for vows one doesn’t need to be an adult; even a vow taken by “a minor nearing adulthood” can be binding]:
In the common edition of Commentary on the Mishnah (the first edition) Rambam writes: “We examine a female minor the entire twelfth year, and a male minor the entire thirteenth year. As long as they are found to know, their vows are binding even though they are minors. This is the age of vows which is mentioned in all sources.” In other words, “the age of vows” begins in the year before adulthood (for a female when she is eleven years and one day old; for a male when he is twelve years and one day old), and when they vow, they are examined to see if “they know to Whom they are vowing.” [This is also the opinion of Rashi and other Rishonim].
However, in his later edition, Rambam makes a change, stating: “After a female minor turns twelve or a male minor turns thirteen, they are no longer examined, and their vows are binding — even though they may still be minors {physically}. (And this is where he concludes:) This is the age of vows....” In other words, “the age of vows” begins (for a female) when she becomes twelve years and one day old (and for a male, when he becomes thirteen years and one day old) even if she did not manifest physical signs of maturity. Once they reach this age, they no longer need to be examined and their vows are binding, “even if they said, ‘We do not know.’” [This is the opinion of Bahag].
[This, indeed, is how Rambam rules halachically in Mishneh Torah. He writes that when “a male is thirteen years and one day and a female is twelve years and one day, even though they say: ‘We do not know for Whose sake we took the vow...’ their vows are binding even if they did not manifest physical signs of maturity. This is ‘the age of vows’ mentioned in all sources” (and the rule of “A male minor who is twelve years... If they know for Whose sake they took the vow... their vows are binding” [mentioned above in Section 1] is a separate rule, as will be discussed below in Section 7)].
Thus, we can posit that the difference (mentioned above in Section 3) between the two editions regarding the wording of the Gemara — “and did not know how to utter a vow” or “and knew how to utter a vow” — hinges on these two opinions regarding “the age of vows.”
