Or all that about which he has sworn falsely; he shall even restore it in the principal, and shall add the fifth part more thereto, and give it to him to whom it appertains, in the day of his trespass offering.
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EXPOSITORY (ENGLISH BIBLE)And shall add the fifth part more thereto.—The first thing the offender must do, when he realises and confesses his guilt, is to make restitution of the property which he had embezzled, if he still has it, or if that be impossible, he is to pay the value of it as estimated by the authorised tribunal. Besides this, the offender is to add a fifth part of the principal, to compensate for the loss which the owner sustained during the interval. It will be seen that in Exodus 22:1-9, when a person was guilty of any of the offences here specified, the offender was condemned to make a four fold restitution, whilst in the passage before us the mulct is reduced to the restitution of the principal with the addition of a fifth part. The reason of this difference is that the law in Exodus deals with a culprit who is convicted of his crime in a court of justice by means of witnesses, whilst the law before us deals with an offender who, through compunction of mind, voluntarily confesses his offence, and to whom, without this voluntary confession, the offence could not be brought home. It is this difference which constitutes it a case for a trespass offering. (Comp. Numbers 5:7.)
In the day of his trespass offering.—Better, on the day of his guilt. That is, as soon as he acknowledges his guilt, and brings the sacrifice for his offence, he is to make the requisite restitution.Leviticus 6:5. In the day of his trespass-offering — It must not be delayed, but restitution to man must accompany repentance toward God. Wherever wrong has been done, restitution must be made, and till it is made, to the utmost of our power, we cannot look for forgiveness; for the keeping of what is unjustly gotten, avows the taking: and both together make but one continued act of unrighteousness. Matthew 5:23.
he shall even restore it in the principal; whatsoever he has embezzled, or cheated another of, or detained from the right owner, the whole of that was to be restored:
and shall add the fifth part more thereto; to the principal, see Leviticus 5:16 but Maimonides (l) says, this was an instruction to add a fifth to a fifth; and Aben Ezra takes the word to be plural, and observes, that the least of many is two, and so two fifths were to be added to the principal, but the first sense seems best:
and give it unto him to whom appertaineth; as, to his neighbour, who had deposited anything in his hands; or his partner, he had any ways wronged; or whomsoever he had defrauded in any respect; or the proprietor of lost goods; Ben Gersom observes, it was not to be given to his son, nor to his messenger: in the case of taking anything away by violence, though but the value of a farthing, it is said, that he shall be obliged to bring it after him (from whom he has taken it) even unto Media (should he be there); he shall not give it to his son, nor to his messenger, but he may give it to the messenger of the sanhedrim; and if he dies, he must return it to his heirs (m):
in the day of his trespass offering; when he brings that, but restoration must first be made: the Targum of Jonathan renders it, in the day he repents of his sin: and so Aben Ezra interprets it,"in the day he returns from his trespass;''when he owns and confesses it, is sorry for it, and determines to do so no more. Maimonides observes (n), that one that takes away anything by violence (which is one of the cases supposed) is not fined so much as a thief; he only restores the principal; for the fifth part is for his false oath; the reasons of which are, because robbery is not so frequently, and is more easily committed, and is more open, and against which persons may guard and make resistance, and the robber is more known than a thief who steals secretly; see Exodus 22:1.Or all that about which he hath sworn falsely; he shall even restore it in the principal, and shall add the fifth part more thereto, and give it unto him to whom it appertaineth, in the day of his trespass offering.
EXEGETICAL (ORIGINAL LANGUAGES)Verse 5. - In the day of his trespass offering is a better rendering than that of the margin, "in the day of his being found guilty," or" in the day of his trespass." The reparation is to take place, and immediately afterwards the offering is accepted.
(Note: In the original the division of verses in the Hebrew text is followed; but we have thought it better to keep to the arrangement adopted in our English version. - Tr.)
The Trespass-Offerings. - These were presented for special sins, by which a person had contracted guilt, and therefore they are not included in the general festal sacrifices. Three kinds of offences are mentioned in this section as requiring trespass-offerings. The first is, "if a soul commit a breach of trust, and sin in going wrong in the holy gifts of Jehovah." מעל, lit., to cover, hence מעיל the cloak, over-coat, signifies to act secretly, unfaithfully, especially against Jehovah, either by falling away from Him into idolatry, by which the fitting honour was withheld from Jehovah (Leviticus 26:40; Deuteronomy 32:51; Joshua 22:16), or by infringing upon His rights, abstracting something that rightfully belonged to Him. Thus in Joshua 7:1; Joshua 22:20, it is applied to fraud in relation to that which had been put under the ban; and in Numbers 5:12, Numbers 5:27,it is also applied to a married woman's unfaithfulness to her husband: so that sin was called מעל, when regarded as a violation of existing rights. "The holy things of Jehovah" were the holy gifts, sacrifices, first-fruits, tithes, etc., which were to be offered to Jehovah, and were assigned by Him to the priests for their revenue (see Leviticus 21:22). חטא with מן is constructio praegnans: to sin in anything by taking away from Jehovah that which belonged to Him. בּשׁגגה, in error (see Leviticus 4:2): i.e., in a forgetful or negligent way. Whoever sinned in this way was to offer to the Lord as his guilt (see Leviticus 5:6) a ram from the flock without blemish for a trespass-offering (lit., guilt-offering), according to the estimate of Moses, whose place was afterwards taken by the officiating priest (Leviticus 27:12; Numbers 18:16). שׁקלים כּסף "money of shekels," i.e., several shekels in amount, which Abenezra and others have explained, no doubt correctly, as meaning that the ram was to be worth more than one shekel, two shekels at least. The expression is probably kept indefinite, for the purpose of leaving some margin for the valuation, so that there might be a certain proportion between the value of the ram and the magnitude of the trespass committed (see Oehler ut sup. p. 645). "In the holy shekel:" see Exodus 30:13. At the same time, the culprit was to make compensation for the fraud committed in the holy thing, and add a fifth (of the value) over, as in the case of the redemption of the first-born, of the vegetable tithe, or of what had been vowed to God (Leviticus 27:27, Leviticus 27:31, and Leviticus 27:13, Leviticus 27:15, Leviticus 27:19). The ceremony to be observed in the offering of the ram is described in Leviticus 7:1. It was the same as that of the sin-offerings, whose blood was not brought into the holy place, except with regard to the sprinkling of the blood, and in this the trespass-offering resembled the burnt-offerings and peace-offerings.
The second case (Leviticus 5:17-19), from its very position between the other two, which both refer to the violation of rights, must belong to the same category; although the sin is introduced with the formula used in Leviticus 4:27 in connection with those sins which were to be expiated by a sin-offering. But the violation of right can only have consisted in an invasion of Jehovah's rights with regard to Israel, and not, as Knobel supposes, in an invasion of the rights of private Israelites, as distinguished from the priests; an antithesis of which there is not the slightest indication. This is evident from the fact, that the case before us is linked on to the previous one without anything intervening; whereas the next case, which treats of the violation of the rights of a neighbour, is separated by a special introductory formula. The expression, "and wist it not," refers to ignorance of the sin, and not of the divine commands; as may be clearly seen from Leviticus 5:18 : "the priest shall make an atonement for him concerning his error, which he committed without knowing it." The trespass-offering was the same as in the former case, and was also to be valued by the priest; but no compensation is mentioned, probably because the violation of right, which consisted in the transgression of one of the commands of God, was of such a kind as not to allow of material compensation. The third case (Leviticus 6:1-7) is distinguished from the other two by a new introductory formula. The sin and unfaithfulness to Jehovah are manifested in this case in a violation of the rights of a neighbour. "If a man deny to his neighbour (כּחשׁ with a double ב obj., to deny a thing to a person) a pikkadon (i.e., a deposit, a thing entrusted to him to keep, Genesis 41:36), or יד תּשׂוּמת, "a thing placed in his hand" (handed over to him as a pledge) "or גּזל, a thing robbed" (i.e., the property of a neighbour unjustly appropriated, whether a well, a field, or cattle, Genesis 21:25; Micah 2:2; Job 24:2), "or if he have oppressed his neighbour" (i.e., forced something from him or withheld it unjustly, Leviticus 19:13; Deuteronomy 24:14; Joshua 12:8; Malachi 3:5), "or have found a lost thing and denies it, and thereby swears to his lie" (i.e., rests his oath upon a lie), "on account of one of all that a man is accustomed to do to sin therewith:" the false swearing here refers not merely to a denial of what is found, but to all the crimes mentioned, which originated in avarice and selfishness, but through the false swearing became frauds against Jehovah, adding guilt towards God to the injustice done to the neighbour, and requiring, therefore, not only that a material restitution should be made to the neighbour, but that compensation should be made to God as well. Whatever had been robbed, or taken by force, or entrusted or found, and anything about which a man had sworn falsely (Leviticus 6:4, Leviticus 6:5), was to be restored "according to its sum" (cf. Exodus 30:12; Numbers 1:2, etc.), i.e., in its full value; beside which, he was to "add its fifths" (on the plural, see Ges. 87, 2; Ew. 186 e), i.e., in every one of the things abstracted or withheld unjustly the fifth part of the value was to be added to the full amount (as in Leviticus 5:16). "To him to whom it (belongs), shall he give it" אשׁמתו בּיום: in the day when he makes atonement for his trespass, i.e., offers his trespass-offering. The trespass (guilt) against Jehovah was to be taken away by the trespass-offering according to the valuation of the priest, as in Leviticus 5:15, Leviticus 5:16, and Leviticus 5:18, that he might receive expiation and forgiveness on account of what he had done.
If now, in order to obtain a clear view of the much canvassed difference between the sin-offerings and trespass-offerings,
(Note: For the different views, see Bhr's Symbolik; Winer's bibl. R. W.; Kurtz on Sacrificial Worship; Riehm, theol. Stud. und Krit. 1854, pp. 93ff.; Rinck, id. 1855, p. 369; Oehler in Herzog's Cycl.)
we look at once at the other cases, for which trespass-offerings were commanded in the law; we find in Numbers 5:5-8 not only a trespass against Jehovah, but an unjust withdrawal of the property of a neighbour, clearly mentioned as a crime, for which material compensation was to be made with the addition of a fifth of its value, just as in Leviticus 5:2-7 of the present chapter. So also the guilt of a man who had lain with the slave of another (Leviticus 19:20-22) did not come into the ordinary category of adultery, but into that of an unjust invasion of the domain of another's property; though in this case, as the crime could not be estimated in money, instead of material compensation being made, a civil punishment (viz., bodily scourging) was to be inflicted; and for the same reason nothing is said about the valuation of the sacrificial ram. Lastly, in the trespass-offerings for the cleansing of a leper (Leviticus 14:12.), or of a Nazarite who had been defiled by a corpse (Numbers 6:12), it is true we cannot show in what definite way the rights of Jehovah were violated (see the explanation of these passages), but the sacrifices themselves served to procure the restoration of the persons in question to certain covenant rights which they had lost; so that even here the trespass-offering, for which moreover only a male sheep was demanded, was to be regarded as a compensation or equivalent for the rights to be restored. From all these cases it is perfectly evident, that the idea of satisfaction for a right, which had been violated but was about to be restored or recovered, lay at the foundation of the trespass-offering,
(Note: Even in the case of the trespass-offering, which those who had taken heathen wives offered at Ezra's instigation (Ezra 10:18.), it had reference to a trespass (cf. vv. 2 and 10), an act of unfaithfulness to Jehovah, which demanded satisfaction. And so again the Philistines (1 Samuel 6:3.), when presenting gifts as a trespass-offering for Jehovah, rendered satisfaction for the robbery committed upon Him by the removal of the ark of the covenant.)
and the ritual also points to this. The animal sacrificed was always a ram, except in the cases mentioned in Leviticus 14:12. and Numbers 6:12. This fact alone clearly distinguishes the trespass-offerings from the sin-offerings, for which all kinds of sacrifices were offered from an ox to a pigeon, the choice of the animal being regulated by the position of the sinner and the magnitude of his sin. But they are distinguished still more by the fact, that in the case of all the sin-offerings the blood was to be put upon the horns of the altar, or even taken into the sanctuary itself, whereas the blood of the trespass-offerings, like that of the burnt and peace-offerings, was merely swung against the wall of the altar (Leviticus 7:2). Lastly, they were also distinguished by the fact, that in the trespass-offering the ram was in most instances to be valued by the priest, not for the purpose of determining its actual value, which could not vary very materially in rams of the same kind, but to fix upon it symbolically the value of the trespass for which compensation was required. Hence there can be no doubt, that as the idea of the expiation of sin, which was embodied in the sprinkling of the blood, was most prominent in the sin-offering; so the idea of satisfaction for the restoration of rights that had been violated or disturbed came into the foreground in the trespass-offering. This satisfaction was to be actually made, wherever the guilt admitted of a material valuation, by means of payment or penance; and in addition to this, the animal was raised by the priestly valuation into the authorized bearer of the satisfaction to be rendered to the rights of God, through the sacrifice of which the culprit could obtain the expiation of his guilt.
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