Exegetical and Hermeneutical Commentary of Numbers 5:5
And the LORD spoke unto Moses, saying,
5 10. Payments in compensation for wrongs.
Part of this section ( Num 5:6-8) is supplementary to the regulations in Lev 6:1-7. It is there laid down that if anyone incur guilt through wronging his neighbour by robbery, or oppression, by appropriating something committed to his keeping as a deposit, or by concealing the fact that he has found lost property, he must confess, and restore the property plus one-fifth, and offer to God as an atonement for his sin a guilt-offering of a ram. It is, to use a modern phrase, ‘conscience money.’ In the present passage it is further provided that if the neighbour whom he has wronged be dead, and there be no g’l (see note below) to whom the property can be restored, it is to be paid to the priest. The ram of the guilt-offering is, of course, to be offered as well.
Fuente: The Cambridge Bible for Schools and Colleges
The law of restitution: a passage supplementary to Lev 5:5, etc., Lev 6:5, etc.
Num 5:7
Recompense his trespass – i. e. make restitution to the person whom he has injured.
Num 5:8
Whereby an atonement shall be made for him – literally, which shall clear him of guilt as to it, i. e. as to the trespass.
Num 5:10
And every mans hallowed things shall be his – i. e. the priests. The heave offerings Num 5:9 and dedicatory offerings (e. g. first-fruits) were to be the perquisite of the officiating priests.
Fuente: Albert Barnes’ Notes on the Bible
And the Lord spake unto Moses,…. Or continued to speak to him at the same time:
saying; as follows.
Fuente: John Gill’s Exposition of the Entire Bible
Restitution in Case of a Trespass. – No crime against the property of a neighbour was to remain without expiation in the congregation of Israel, which was encamped or dwelt around the sanctuary of Jehovah; and the wrong committed was not to remain without restitution, because such crimes involved unfaithfulness ( , see Lev 5:15) towards Jehovah. “ If a man or a woman do one of the sins of men, to commit unfaithfulness against Jehovah, and the same soul has incurred guilt, they shall confess their sin which they have done, and (the doer) shall recompense his debt according to its sum ” ( , as in Lev 6:5), etc. , one of the sins occurring among men, not “a sin against a man” ( Luther, Ros., etc.). The meaning is a sin, with which a was committed against Jehovah, i.e., one of the acts described in Lev 6:3-4, by which injury was done to the property of a neighbour, whereby a man brought a debt upon himself, for the wiping out of which a material restitution of the other’s property was prescribed, together with the addition of a fifth of its value, and also the presentation of a sin-offering (Lev 6:4-7). To guard against that disturbance of fellowship and peace in the congregation, which would arise from such trespasses as these, the law already given in Lev 6:1 is here renewed and supplemented by the additional stipulation, that if the man who had been unjustly deprived of some of his property had no Gol, to whom restitution could be made for the debt, the compensation should be paid to Jehovah for the priests. The Gol was the nearest relative, upon whom the obligation rested to redeem a person who had fallen into slavery through poverty (Lev 25:25). The allusion to the Gol in this connection presupposes that the injured person was no longer alive. To this there are appended, in Num 5:9 and Num 5:10, the directions which are substantially connected with this, viz., that every heave-offering ( Terumah , see at Lev 2:9) in the holy gifts of the children of Israel, which they presented to the priest, was to belong to him (the priest), and also all the holy gifts which were brought by different individuals. The reference is not to literal sacrifices, i.e., gifts intended for the altar, but to dedicatory offerings, first-fruits, and such like. , “ with regard to every man’s, his holy gifts…to him (the priest) shall they be; what any man gives to the priest shall belong to him.” The second clause serves to explain and confirm the first. : as far, with regard to, quoad (see Ewald, 277, d; Ges. 117, 2, note).
Fuente: Keil & Delitzsch Commentary on the Old Testament
Verses 5-10:
The “trespass,” asham, of this text is a sin against the property of another, defined in Le 6:1-5. Many regard such deeds as sins only if found out. But they are sins against the Lord because they involve a violation of His righteous principles.
The guilty party must come before the Lord, and publicly confess his trespass. Only in so doing could he find forgiveness, see 1Jo 1:7-9.
The guilty one must bring the prescribed sacrifice, Le 6:1-7. In’ addition, he must make restitution to the offended party. He must pay the full market value, of whatever property he had damaged. In addition, he must pay a fine of twenty percent of the value of the property. This fine must be paid either to the offended person, or to his near kinsman. If there were no kinsman, the fine was to be paid to the priest.
Fuente: Garner-Howes Baptist Commentary
5. And the Lord spoke unto Moses. Although at the outset He seems to include all trespasses, yet we gather from the context that the precept only refers to things stolen or fraudulently withheld, that he, who is conscious of his guilt, should make reparation. It must be observed, however, that the law relates to more secret thefts, which are not usually brought to justice: and on this account it is said, “If they have committed any sin after the manner of men, they must not seek for subterfuge from ordinary use and custom.” Although, therefore, they may have many companions, God declares that this will not avail for their excuse; and consequently commands them voluntarily to restore what they have fraudulently or wrongfully appropriated. He will treat hereafter of the punishment of theft; He now only prescribes that, although no one shall bring the guilty parties to justice, and their crime may not be discovered, still they should diligently examine their consciences, and themselves ingenuously declare the secret transgression; and also make compensation for the loss conferred, since, without restitution, their confession would be but illusory. I now pass over what Moses adds, that, if no heir exists to whom the stolen goods may be restored, they should offer it to the priest, because I have already expounded it: except that we gather frost thence, that a contamination is contracted by fraud and rapine, which is never purged unless the house is well cleared of the ill-gotten gain. But this offering was treated of amongst the laws of the priests: (128) now, with respect to the restitution, we must consider that the fifth part was superadded, not so much in order that he, who had suffered the loss, should be enriched, as that all should diligently beware of every offense, which they hear not only to be useless to themselves, but also to be productive of loss. Besides, when a man has been robbed, it is often of more consequence than this additional fifth part, that he should have been deprived of the use of his property.
(128) See vol. 2, p. 273, on Num 5:8.
Fuente: Calvin’s Complete Commentary
B. RESTITUTION AND OFFERING FOR THEFT vv. 510
TEXT
Num. 5:5. And the Lord spake unto Moses, saying, 6. Speak unto the children of Israel, When a man or woman shall commit any sin that men commit, to do a trespass against the Lord, and that person be guilty; 7. Then they shall confess their sin which they have done: and he shall recompense his trespass with the principal thereof, and add unto it the fifth part thereof, and give it unto him against whom he hath trespassed. 8. But if the man have no kinsman to recompense the trespass unto, let the trespass be recompensed unto the Lord, even to the priest; beside the ram of the atonement, whereby an atonement shall be made for him. 9. And every offering of all the holy things of the children of Israel, which they bring unto the priest, shall be his. 10. And every mans hallowed things shall be his: whatsoever any man giveth the priest, it shall be his.
PARAPHRASE
Num. 5:5. Then the Lord spoke to Moses, saying, 6. Speak to the children of Israel, When a man or a woman commits any sin that men commit, sinning against the Lord, and that person is guilty, 7. then he shall confess the sins which he has committed, and make restitution in full for the trespass, and shall add one-fifth to it, and give it to him who has been wronged. 8. But if the man has no kinsman to whom restitution may be made for the trespass, let the restitution which is made to the Lord be the priests, besides the ram of atonement, by which atonement is made for him. 9. And every offering of all the holy things of the children of Israel, which they bring to the priest, shall be his. 10. And every mans holy things shall be his: whatever any man gives to the priest, it shall be his.
COMMENTARY
The law here supplements that of Lev. 6:1-7 telling the proper procedure to follow in the event of the death of the original owner, who has left no kinsmen who might receive repayment. By no means is he exempted from restitution, since his offense is primarily against God. As David was later to say so well, Against thee, thee only, have I sinned, Psa. 51:4. Whether discovered or not, whether restitution in full is made to the wronged person in the event of robbery or any other crime, the essential thought is that all sin is first of all an assault upon the laws and will of God. PC, p. 36, cites the general principle that the priest was the visible representative of the invisible majesty, hence, the offenders recompense is given him. The offering, in this instance, is a ram, given as a heave offering (Exo. 29:28). Such offerings were not burned upon the altar, but were presented, after which they became the property of the Lord, and were passed to the priests.
Three steps are involved, then, in the process of righting a wrong: the guilty must acknowledge his sin, he must make full restitution, and, by some process, there must be an atonement. Under the Law, the atonement involved his heave offering; under the gospel of our Lord Jesus Christ, the Lamb of God effects our pardon.
QUESTIONS AND RESEARCH ITEMS
100.
What was a thief required to do if he was caught with stolen goods, and the victim was still alive? (See Lev. 6:1-7).
101.
How is it justifiable for the priest to receive the ram brought him as an offering for any sin?
102.
Explain how all sins are essentially against God.
103.
What three steps have always been required by God in order that any mans sins may be forgiven?
104.
What great difference is there between the method of atonement in the Old Covenant, and in the New?
105.
Discuss whether or not you think stealing and similar crimes might be discouraged today if our laws required that thieves repay what was stolen with a substantial increase, as the Law required.
Fuente: College Press Bible Study Textbook Series
RESTITUTION FOR TRESPASS, Num 5:5-10.
The repetition of this law, originally enacted in Lev 6:1-7, seems to be for two reasons: 1.) To promote the moral purgation of the camp; and 2.) To supplement the law in case there is no goel, or next of kin. Such a case had probably arisen. See Introduction, (1.)
Fuente: Whedon’s Commentary on the Old and New Testaments
Maintaining Harmony In The Camp: Confession and Restitution For Sin and the Need For Atonement ( Num 5:5-10 ).
Not only ritual uncleanness but a trespass against another would ‘defile the camp’ and prevent Yahweh dwelling there, and cause dissension within the camp. This was especially true when another had suffered loss by the trespass. This was to be dealt with as prescribed, and if the wronged person was dead restitution must still be made, either to a relative or to Yahweh. The camp must be kept in harmony and in a state of rightness, without dissension, or unfairness, with all in its proper place so that Yahweh could walk there.
Analysis.
a A man or woman sins and commits a trespass against Yahweh. This is a trespass that has defrauded another and is thus a taking from Yahweh (Num 5:5-6).
b They must confess what they have done and give recompense to the one whom they have defrauded (Num 5:7).
c If the man or his kinsman is not available then he must recompense it to Yahweh (Num 5:8 a).
c He must offer the ram of atonement whereby atonement is made for him to Yahweh (Num 5:8 b).
b Every offering of holy things brought to the priest is his, (this is the offerer’s recompense to Yahweh) (Num 5:9).
a Every man’s ‘made holy’ thing shall be the priest’s, a giving to Yahweh (this is the exact opposite of a trespass which takes from Yahweh) (Num 5:10).
Num 5:5-7
‘And Yahweh spoke to Moses, saying, “Speak to the children of Israel, When a man or woman shall commit any sin that men commit, so as to trespass against Yahweh, and that person shall be guilty, then he shall confess his sin which he has done. And he shall make restitution for his guilt in full, and add to it the fifth part of it, and give it to him in respect of whom he has been guilty.” ’
All sin separates from God but for most sin the offerings and sacrifices provided the regular solution. However, in cases where the sin had caused loss by others and/or disruption with others, thus resulting in disharmony within the camp either physically or spiritually, special requirements were in place. These are dealt with in Lev 6:2-3; compare Exo 22:1. This was to be a time of making right before setting out on their journey towards the land, a provision for keeping right on their journey, and a provision for keeping all in spiritual harmony once they were settled in the land. To Yahweh harmony among His people was an essential.
The sin in mind is first seen as a trespass against Yahweh. It is an indication that when we hurt Yahweh’s people, we hurt Him. It is seen as ‘a sin that men commit’, something which is a part of man’s natural behaviour when he is not controlled by Yahweh and His Instruction. God was under no false illusions about the sinfulness of men’s hearts. But the special uniqueness of this kind of trespass was that it directly affected others. It disrupted the holiness of the camp.
Lev 6:2-3 describes such sins in terms of ‘if any one sin, and commit a trespass against Yahweh, and deal falsely with his neighbour in a matter of a deposit, or of bargaining, or of robbery, or have oppressed his neighbour, or have found that which was lost, and deal falsely with regard to it, and swear to a lie.’ The sins in mind are those of dishonesty with respect to a deposit not repaid when it should have been, the making of a false or unfair bargain, a deliberate theft (compare Exo 22:1), the sin of oppressing or crowding a neighbour for financial gain, that of finding something that was lost and keeping it, or the making of a lie on oath. All had in one way or another caused loss to a neighbour.
Those who had done such things were to consider their position and act accordingly. First they were to openly admit what they had done and the guilt that was theirs because of it. Then they were to make recompense to the person against whom they had ‘trespassed’ together with an additional one fifth for compensation. If the person was dead then recompense could be made to a kinsman (the whole family had suffered because of the trespass). The one who had sinned would also have to offer a guilt offering (Leviticus 6).
Num 5:8
“ But if the man has no kinsman to whom restitution may be made for the guilt, the restitution for guilt which is made to Yahweh shall be the priest’s, besides the ram of the atonement, by which atonement shall be made for him.”
And if there was no kinsman alive then the recompense and the compensation was to be paid to Yahweh, that is, to the Priest. On top of this restoration and compensation, atonement had to be made. Yahweh too had been robbed and mistreated, and His holiness had been trespassed on. Thus a ram had to be offered as a guilt offering as described in Lev 6:6-7. Thus would there be a death for the sin, and its consequences would be removed from the sinner.
The principle here is very important. What causes disharmony with man causes disharmony with God, and that is equally true when the disharmony is only known to God. Sin disrupts God’s holiness and must therefore be fully dealt with so as, as far as possible, to remove all its traces.
Num 5:9
“ And every heave-offering (or ‘contribution offering’) of all the holy things of the children of Israel, which they present to the priest, shall be his.”
We may see this in terms of its contrast with Num 5:7. Not only was recompense to be made to the sinned against party, but it was also to be made to Yahweh Who had also been sinned against. Thus the contribution offering from the ram for atonement came to the priest as Yahweh’s recompense.
But it may also be seen as generally referring to any attempt to withhold the contribution offerings from the priests. The heave-offerings or contribution offerings were those parts of an offering or sacrifice which were the priest’s perquisite. There was to be no withholding them from the priest in any way. It was for the priest to decide what he would do with it as long as it was something which was right before God. So when men failed to offer the right offerings and sacrifices they robbed the priest (see Num 18:8-19; Lev 6:16 and often; Deu 18:1-8).
Num 5:10
“ And every man’s hallowed things shall be his. Whatever any man gives the priest, it shall be his.”
This last was also true of anything that men and women had vowed to Yahweh. Whatever had been made holy to Yahweh by a vow (see 30; Leviticus 27) belonged to the priest and must be dealt with honestly (compare Psa 15:4). Any failure in this regard would affect the whole camp. That was the negative side.
But the positive is that this is in contrast to the behaviour of the man who had trespassed. He had defrauded his neighbour. But the man who sanctifies something to Yahweh and offers it as a holy gift is doing the opposite. He is demonstrating an open and generous heart. And such gifts also belong to the priests. For whatever is given to the priests is his.
Jesus in the New Testament brought home something of this situation. He said to those who followed Him that if they were bringing their gift to the altar (to God) and were suddenly convicted of something by which they had offended someone else, they were first to put right the situation before they offered their gift. Reconciliation with their neighbour must take place before offering worship. The implication is that as far as God was concerned worship had little value while the position continued (Mat 5:23-24). He further pointed out that it might also prevent the neighbour’s retaliation which could be costly (Num 5:26-27; Gal 5:15).
Fuente: Commentary Series on the Bible by Peter Pett
Restitution in Trespasses
v. 5. And the Lord spake unto Moses, saying, v. 6. Speak unto the children of Israel, When a man or woman shall commit any sin that men commit, to do a trespass against the Lord, and that person be guilty, v. 7. then they shall confess their sin which they have done; and he shall recompense his trespass with the principal thereof, and add unto it the fifth part thereof, and give it unto him against whom he hath trespassed. v. 8. But if the man have no kinsman to recompense the trespass unto, v. 9. And every offering, v. 10. And every man’s hallowed things shall be his,
Fuente: The Popular Commentary on the Bible by Kretzmann
Is there not, under this precept, concerning trespasses in general, somewhat couched, respecting the special and particular atonement made for offences universally by our nearest kinsman, the LORD JESUS? As the recompense here, was ordered to be made by the kinsmen, so there, it was the kinsman who made restitution for all our injustice and trespasses. It was JESUS that put his name in the bond debt, to answer for all his people. He, and he only, could say: then I restored that which I took not away. Psa 69:4 . Dearest JESUS! praised be thy mercy, that I am not in the situation of the man, spoken of in this scripture, that hath no kinsman to recompense the trespass for him, for thou art my kinsman Redeemer! And I hope that I can say, and with the same well grounded assurance of faith, as Job did, I know that my (GOD) Redeemer liveth. Job 19:25 .
Fuente: Hawker’s Poor Man’s Commentary (Old and New Testaments)
Num 5:5-10. The Restitution of Misappropriated Property.This regulation supplements the law contained in Lev 6:1-7, which, dealing with the restitution of property wrongfully appropriated, omits to explain how it is to be disposed of, if the owner has died without leaving any kinsman to whom restitution may be made. The present enactment enjoins that the property in such a case shall pass to the priest as Yahwehs representative.
Num 5:9. heave offering: better, contribution, the word meaning in strictness anything heaved (or lifted) from a larger aggregate.
Fuente: Peake’s Commentary on the Bible
Treachery against others and God 5:5-10
To emphasize the importance of maintaining proper interpersonal relationships within the camp, Moses repeated the law concerning the restitution of and compensation for a trespass against one’s neighbor here (cf. Lev 5:14 to Lev 6:7). The expression "sins of mankind" (Num 5:6) can refer to sins committed by a human being and to sins committed against a human being. [Note: Maarsingh, p. 22.] The context favors the latter option.
Added instructions covered another case. This was a person who could not fulfill his responsibilities because the person against whom he had committed the trespass, or that person’s near kinsman, had died or did not exist. In this case the guilty party had to make restitution and compensation to the priests (Num 5:8).
Trespasses against one’s neighbor (cf. Lev 6:1-7) needed atonement because they constituted acts of "unfaithfulness" to God (Num 5:6). The Israelites had to maintain proper horizontal relationships with their brethren to maintain a proper vertical relationship with Yahweh (cf. Mat 5:23-24).
"The point is clear-wrongs committed against God’s people were considered wrongs committed against God himself." [Note: Sailhamer, p. 376. Cf. Psalms 51:4.]
Fuente: Expository Notes of Dr. Constable (Old and New Testaments)
2. ATONEMENT FOR TRESPASS
Num 5:5-10
The enactment of this passage refers to the sin of theft or any other breach of the eighth commandment which involved trespass not only against man, but also against God-“When a man or woman shall commit any sin that men commit to do a trespass against the Lord, and that soul be guilty; then shall they confess their sin which they have done.” The statute supplements one given in Lev 6:1-4, omitting some details, but adding the provision that if the person defrauded has died, restitution shall be made to the goel, and if there is no surviving relation, to the priest. The cases specified in Leviticus are those of false dealing in regard to a deposit or a bargain, robbery, oppression, -probably in the way of withholding hire from a labourer, -finding what was lost and denying it; but in each instance false swearing is added to the offence and constitutes it a trespass against the Lord. Restitution to man must be made by returning the amount and one-fifth in addition; to God by bringing a ram without blemish, with which the priest makes atonement.
In this statute the punishment does not seem severe. But the penalty is imposed after confession when the offence has been for some time undetected. The ordinary law required for the theft of an ox, if the animal had not been slaughtered, double restitution; and if it had been slaughtered or sold, fivefold restitution. In the case of a sheep slaughtered or sold the restitution was to be fourfold. Confession of the theft, according to the present statute, diminishes the penalty.
Noticeable particularly is the provision for atonement, which is nowhere else admitted in connection with a serious breach of the moral law. Any offence against the first four commandments was to be punished with death; so also were murder, adultery, and certain other crimes. It might have been expected that false swearing by any one in regard to theft or valuables intrusted to him would add to his guilt. Here, however, by means of the ram of atonement even that offence is apparently expiated. Possibly the confession is held to mitigate the crime. Still the nature of the statute is surprising and exceptional.