Nevertheless, many Rishonim (including, according to many Acharonim, Rambam himself) maintain that “a minor nearing adulthood who vows” (whose vow is accepted by Torah law) refers to (or at least includes) a minor who is twelve years and one day old who knows how to vow properly.
This will be clarified by first introducing the Tzemach Tzedek’s explanation of why the limitations that apply to offerings don’t apply to vows as well (as discussed above): He explains that offerings are things that “became sanctified through the command of Torah, Hashem’s Supernal wisdom.” In contrast, when vows are made, they elicit a level that transcends the level of “wisdom.” This is alluded to in the verse, “a man... who set {himself} apart by taking a vow.” This verse implies that vows come from a level that is “set apart {יַפְלִיא}” — from the word wonder {פֶּלֶּא} — and transcends the wisdom (of Torah) and intellect in general.
A person’s ability to accomplish this (to reach a level that transcends the wisdom of Torah) stems from the fact that the Jewish nation “preceded Torah.” The bond between the Jewish people and Hashem transcends Torah [which is why “A Jew, although he sins, is still a Jew” — even a Jew who does not observe Torah does not lose his Jewish identity, G-d forbid]. This characteristic is displayed in their ability to make a vow, where their words have the power to impart holiness as they desire (without the limitations that apply to offerings).
[Nevertheless, vows are a mitzvah of Torah, because every aspect of our service of Hashem is revealed through Torah. We see the same with teshuvah. Teshuvah transcends Torah, as our Sages say, “They asked Torah: What should a sinner’s punishment be? Torah responded, ‘They should bring a guilt offering....’ They asked Hashem... Hashem responded, ‘He should do teshuvah, and he will be forgiven.’” (This demonstrates that teshuvah doesn’t come from Torah [itself] but rather from Hashem himself). Because of this lofty source, teshuvah has the ability to make up for whatever was lacking in one’s fulfillment of Torah. Nevertheless, it is Torah itself that reveals to Jews the possibility and power of teshuvah, to the point that teshuvah becomes one of the mitzvos of Torah].
This explains why a Jew has the power to make vows even before becoming obligated in all other commandments of Torah. This is because vows are connected to their essence as it “precedes” Torah.
This is the significance of “a minor nearing adulthood” (who knows how to vow properly): The key factor here is not their level of knowledge — that only reaches full maturity upon becoming an adult. Rather, what matters is their ability to “vow properly {לְהַפְלוֹת}.” At this stage, the element of “wonder” (within the soul) which transcends intellect begins to manifest within them in a revealed way.
From talks delivered on Shabbos parshas Eikev (the 20th of Menachem Av) and the 21st of Menachem Av, 5744 (1984)
- Note Or HaTorah (Vayeitzei, vol. 5, pp. 852a, ff.; Matos, pp. 1297, ff.; ibid, vol. 6, p. 1954-1955) regarding the connection between vows and teshuvah. (Or HaTorah, Matos, vol. 6, states: “We can propose that this is why vows can apply to mitzvos.”)
- Yalkut Shimoni, Tehillim (ch. 702); et al.
- However, once the Torah tells us that “a minor nearing adulthood who vows, his vow is binding,” we now know that for vows related to consecrating (offerings), his vow is binding as well; and similarly, the terumah he separates is considered terumah (Terumos 1:3; Niddah 46b; Mishneh Torah, “Hilchos Terumos,” ch. 4, par. 5).
- See Tzemach Tzedek’s Sefer HaMitzvos, ibid: “because of this, he has the ability to sacrifice his life.”
