The Jewish leap year, which occurs seven times in a 19-year cycle, has 13
months instead of the regular year’s 12. The additional month is added after Adar and is known as Adar Sheni (the second Adar). The question arises: During a leap year, if someone simply refers to Adar without specifying the first or the second, what does he mean? The Tannaim (Mishnaic Sages) disagree. Rabbi Yehudah says that if someo
ne simply refers to Adar, we assume he means the first Adar. Thus, if a legal document is written during a leap year, when it is written during the first Adar the month may be written simply as Adar; if it is written during the second Adar, it must be specified that the month is the second Adar.
Rabbi Meir disagrees. He maintains that during a leap year, if someone refers simply to Adar, he can be assumed to be speaking of the second Adar (Nedarim 63a). While most of the halachic authorities accept the view of Rabbi Yehudah, the Rambam follows the view of Rabbi Meir. In any case, when writing a bill of divorce we always specify during which Adar the document was written, Adar Rishon or Adar Sheni.
This disagreement has many ramifications. For example, if a person rents a house during a leap year, and the lease expires in Adar, does this mean the start of the first Adar or the start of the second Adar? The landlord would likely claim the lease ends with the start of the first Adar, while the renter would likely insist it ends with the start of the second. In such a case, some rabbis suggest that the renter pay half for the second month (in effect splitting the difference). Others state that the landlord has the upper hand, as he owns the property. Accordingly, the burden of proof is on the tenant (to prove that the lease was meant to extend through the end of the first Adar). This is because there is a principle that “Ha-motzi mei-chavero alav ha-re’aya.” This means that whoever wishes to extract something (here the right of tenancy) from its current owner must prove that he is entitled to it.
The controversy also affects the commemoration of a yahrzeit (the day on which a relative died). For example, let us say someone passed away on the tenth of Adar. During a leap year, some recite the Mourner’s Kaddish on the tenth of both the first Adar and the second Adar.
When it comes to the yahrzeit of Moshe Rabbeinu on the seventh of Adar, there are indications that it should be commemorated during the second Adar, close to Purim (which during a leap year is celebrated in the second Adar).
On the Shabbat preceding the start of a new month in the Jewish calendar, a prayer is recited in shul, ushering in the new month by name. It is questionable which name we should use to usher in each Adar during a leap year.
In short, the disagreement about this topic extends to many areas. Therefore, the prudent thing to do is to always clarify which Adar we mean, by specifying either Adar Rishon or Adar Sheni.
Comments