GEMARA

(Mishnah): We do not make a minor swear.

Nidah 45b (Mishnah): If a girl above 11 (full) years vows (or is Makdish an item), we check her (to see if she understands that Nedarim and Hekdesh are to Hash-m). If a girl above 12 vows, it is valid (we do not check her). During her 12th year we check her.

If a boy above 12 years vows, we check him. If a boy above 13 vows, it is valid. During his 13th year we check him. If he vows before (12 full years), even if he knows (that vows and Hekdesh are to Hash-m), it does not take effect.

RISHONIM

Rif (22b): We do not make a minor swear.

Rambam (Hilchos Sechirus 11:6): Even if the Socher is a minor, the worker is believed to swear that he was not paid, and he collects.

Rebuttal (Ra'avad): It is unreasonable that we would let a minor swear. Rather, the employer swears, even though a minor's claim is void.

Magid Mishneh: The Gemara said that the worker should collect without an oath. The oath is merely to appease the employer. Therefore, a minor should not lose what he is entitled to letter of the law, even though he is not liable for a false oath. Still, we make him swear, to intimidate him.

Kesef Mishneh and Beis Yosef (CM 89 DH v'Od): The Ra'avad's and Magid Mishneh's text of the Rambam said 'even if the Sachir (worker) is a minor, he swears and collects. Our text (Socher, employer) is correct. It is like the Rambam wrote in Hilchos To'en (5:10), that we never tell a minor to swear, and (5:11), that one who works for a minor swears to the minor and collects. (This helps the minor, for people will be eager to work for him.)

Question (Mishneh l'Melech): It is astounding that we would tell a minor to swear. Even the opinion that does not require stopping him from eating Neveilos agrees that we may not give to him Neveilos to eat! Since a minor does not know the severity of oaths, it is as if we tell him to swear falsely. If the text says 'Socher', why does it say 'even'? If the worker is believed (to swear and collect) against the substantial claim of an adult', all the more so he is believed against a minor! If the Chidush is that a minor must pay when he hires someone, why did he teach about a case of an oath?

Answer (Tumim CM 89:3): Initially, the employer needed to swear to be exempt. Chachamim placed his oath on the worker. One might have thought that since there was no oath upon a minor, there is no oath on his worker. Alternatively, Chachamim believe a worker only before the deadline for Bal Talin (for we assume that the employer would not transgress delaying paying wages). This does not apply to a minor! In any case, his law is like an adult's.

Rambam (Hilchos To'en 5:10): One who must swear to a minor cannot reverse the oath (say 'swear, and I will pay you'), for we never make a minor swear. He need not even accept a Cherem, for he does not know the punishment for a (false) oath.

Rambam (11): If an adult claimed from a minor about something from which the minor benefits, e.g. business, if the minor admits, we pay from his property. If he has no property, we wait until he has property. If the minor denies it, we wait until he matures, and he swears Heses. If the claim was about something the minor does not benefit from, e.g. damage or wounding, even if he admits and he has property, he is exempt even after he matures. If the claim was from one who swears and collects, e.g. a worker, and it benefits the minor that people work for him, he swears and collects from the minor.

Rambam (Hilchos Shevuos 12:7): If a minor swore and knew what a Shevu'ah is, even though he is not liable, we force him to fulfill it to train him in Mitzvos and intimidate him not to be frivolous about Shevuos. If it is something that a minor cannot fulfill without harm, e.g. he swore to fast or not to eat meat for a long time, his father or Rebbi hits him, chastises him and shows him that his oath is permitted, so he will not regularly be frivolous about oaths.

Magid Mishneh: The Mishnah in Nidah teaches that vows of a minor (more than a year before adulthood) are totally invalid. The Ge'onim say that we force him to fulfill it lest he be frivolous about Shevuos. We permit it even if it is not dangerous, for even an adult's vow would be permitted then! Rather, the minor will be in great pain. Alternatively, we are concerned lest he get sick.

Rosh (Shevuos 6:22): One who needed to swear to a minor cannot reverse the oath because we never make a minor swear. If an adult claimed from a minor about something from which the minor benefits, e.g. business and similar matters, if the minor admits, we make him pay. If he does not admit, we wait until he matures, and then the adult claims from him and makes him swear. If the claim was about something the minor does not benefit from, e.g. damage or wounding, in any case he is exempt even after he matures, for we say that encounters with a minor are bad.

POSKIM

Shulchan Aruch (CM 89:2): If a minor worked for Levi and says that he was not paid, Levi swears and is exempt.

SMA (5): A minor is not punished, therefore Chachamim did not trust him (to swear and collect).

Gra (5): Since we do not let a minor swear, his law is like one suspected to swear falsely.

Shulchan Aruch (96:2): One who needed to swear to a minor cannot reverse the oath because we never make a minor swear. He need not even accept a Cherem, for he does not know the punishment for a (false) oath.

Shulchan Aruch (3): If an adult claimed from a minor about something from which the minor benefits, e.g. business, and the minor reached the age of Pa'utos, if minor admits, we pay from his property. If he has no property, we wait until he has property. If the minor denies it, we wait until he matures, and he swears Heses.

Gra (15): Shevuos 38b says that we do not make a minor swear. This implies that if he admits, he pays, and if he denies it, he swears after he matures.

Gra (16): He is liable from the age of Pa'utos, for then his sale and purchase are valid.

Shulchan Aruch (ibid.): If the claim was about something the minor does not benefit from, e.g. damage or wounding, even if he admits and he has property, he is exempt even after he matures. If the claim was from one who swears and collects, e.g. a worker, and it benefits the minor that people work for him, he swears and collects from the minor.