As we begin our double Adar, let us discuss which month is the “real” Adar, and which is considered the extra month. This question has many ramifications across the four sections of Shulchan Aruch.
In Orach Chaim, this is discussed in regards to when a child becomes bar mitzvah, the date for a yartzheit, and even the correct text for bentching Rosh Chodesh. In Yoreh De’ah this is discussed in regards to someone who makes a neder. In Even Ha’ezer this is discussed for the proper way to write a get. And in Choshen Mishpat, there is a discussion as to the correct text for a shtar.
Get and Neder
The Gemara in Nedarim discusses a case where someone made a neder not to drink wine until Adar. If it is a leap year, does that mean until the first Adar or the second? The Gemara tells us that this will depend on the machlokes between Rabbi Meir and Rabbi Yehuda, in regards to the correct text for writing the date in a get.
According to Rabbi Meir, when the date of the divorce is in the first Adar, one must specify that it is the 1st Adar. If one just writes Adar, it is assumed to mean the 2nd Adar. According to Rabbi Yehuda, the opposite is true. When the date is in the second Adar, one must specify that it is the 2nd Adar. If one just writes Adar, it is assumed to mean the 1st Adar.
The Gemara continues that this will also be true for one who made a neder. According to Rabbi Meir, if one promises to abstain from wine until Adar, it is assumed to mean until the 2nd Adar. According to Rabbi Yehuda, it is assumed to mean until the 1st Adar.
Halachically Speaking
How do we pasken? The Rambam )Nedarim 10:6) seems to follow Rabbi Meir, and rules that if one made a neder to abstain from wine until Adar ̧ he is allowed to drink until the 2nd Adar, which means that he follows Rabbi Meir, that a nonspecific usage of the term Adar refers to the 2nd Adar. The Tur )O”C 428), however, follows Rabbi Yehuda, and rules that if a shtar has the date in the month of Adar, it is assumed to be the 1st Adar. On the other hand, if the date is in the 2nd Adar, one must write specifically that it is the 2nd Adar.
The Mechaber, in regards to the writing of a get )E”H 126:7) rules that one must be specific for both a divorce written in the 1st Adar, as well as in the 2nd Adar. The Bach explains that the Mechaber is concerned with both opinions – the opinion of the Rambam that a nonspecific usage of the term Adar refers to the 2nd Adar, as well as the opinion of the Tur that a nonspecific usage of the term Adar refers to the 1st Adar. Therefore, to be safe, one must write specifically which Adar it is.
The Rama, however, argues and rules that if one wrote just Adar for the 1st Adar it is a kosher get. On the other hand, if one wrote just Adar for the 2nd Adar it is not a kosher get. This is following the opinion of the Tur, who rules that Adar is a reference to the 1st Adar, and if the date is in the 2nd Adar, one must write specifically that it is the 2nd Adar.
The Chelkas Mechokek )126:22) explains that he is not concerned with the opinion of the Rambam, since many Rishonim agree with the Tur, and that is enough for the Rama to follow the vast majority of the Rishonim. In addition, he adds, the Rambam may also agree with the Tur that the 1st month is considered the real Adar.
In Conclusion
There is a machlokes if a nonspecific mention of Adar is referring to the 1st or 2nd Adar.
But, does that mean that they are also arguing about which is the real Adar? Not necessarily. And as we will see, there are more pieces to the puzzle.
To be continued...
Rabbi Nachum Scheiner, Night Kollel & Morning Kollel
