Resources and Review Test for Nedarim 63
The משנה says that if one made a נדר to not drink wine this year and it later becomes a leap year, he still cant drink wine for the whole year (13 months). The ר"ן says that the משנה is only discussing a case where he said “this” year, but if he said “for one year” then its only 12 months because he can pick any year he wants. The ר"ן adds that even though he may not push it off because of the לאו of בל תאחר, it still doesn’t change the fact that he could do it another year. This issue of בל תאחר is a big חידוש. Typically, בל תאחר says that you must bring a קרבן you made a נדר to bring within three רגלים to the בית המקדש. However, the ר"ן understands that this איסור applies to all נדרים, even נדרי איסור. The רמב"ם in ספר המצוות in ל"ת קנ"ז and the רמב"ן in מצות עשה צ"ד both disagree with this ר"ן and say בל תאחר only applies to נדרי מצוה but not to נדרי איסור. The מחנה אפריםin שבעות סימן י"ד brings this ר"ן and says that it is דברים תמוהים.
The ר"ן goes on to quote the רשב"א who brings a proof that even if you said one year from now, you can still do it a different year for 12 months (and not 13) from the הלכות of בתי ערי חומה. There it says that if you purchase a home in בתי ערי חומה you have 12 months to redeem it and if it is a leap year you have 13 months to redeem it. The fact you get an extra month is learned from a special ריבוי. The רשב"א learns from there that the fact that you need a ריבוי means that normally we would assume one year means only 12 months, even in a case where its 12 months from now. The נדרי זריזין asks that this is לכאורה a very surprising comparison. We know there is a rule that by נדרים we go after לשון בני אדם. If so, how can you bring a proof from a פּסוק about what one year means? Just because the Torah may mean 12 months when it says a year, doesn’t mean that people mean 12 months when they say a year! He answers with a big יסוד: he says that the Torah speaks in brief terms but may mean more, whereas people are more explicit about what they mean and when they mean more they will say it. Therefore, לשון בני אדם can never mean more than לשון תורה with the same words, as the Torah is the one that might mean more, and if you know it doesn’t then לשון בני אדם isn’t more than that. What’s wild is that the רשב"א actually addresses this issue right here! He says we should prove from בתי ערי חומה that when one says "שנה" its like שנה אחת because the Torah says שנה is 12 months but says you can’t learn that from a פּסוק because a נדר goes with לשון בני אדם. However, you can learn שנה אחת from there because the Torah’s שנה always means 12 months like שנה אחת does and it never includes a leap month. It seems like he understood that the 13th month is a fact unconnected to the meaning of people but rather a הלכה on its own when someone says 12 months do we say the 13th month gets added to that. וצ"ע.
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