פרשת נשא תשכ"ח - גזל הגר

למעל מעל בה׳ [WHEN A MAN OR WOMAN SHALL DO ANY OF THE SINS AGAINST MAN,] TO ACT DECEITFULLY AGAINST THE LORD — Here, you see, Scripture writes down again the section dealing with a person who robs by violence from another, and swears falsely regarding it, — it is the same section that has already been stated in the Sedrah ויקרא (Lev 5:21), “[If a soul sin], and commits a trespass against the Lord, and deny unto his neighbour etc.” The reason why it is repeated here is because of two new points which are contained in it. The one is that it (Scripture) writes here, “and if they confess” which teaches that one is not liable to payment of the fifth (in addition to the capital; cf. Leviticus 5:24), nor to bring a guilt offering (cf. Leviticus 5:25) if he is convicted by the evidence of witnesses, but only when he himself confesses the matter (his guilt). The second new point is about something stolen from a proselyte (cf. Rashi on v. 8) — that it has to be handed over to the priests (cf. Sifrei Bamidbar 2).

And add one fifth to that amount. If he confesses on his own. If there are witnesses, he must add two fifths (Vayikro 5:24: “And an additional fifth”). Our Sages said, though, he must bring an additional fifth of that fifth, or a twenty-fifth.

Speak unto the children of Israel: When a man or woman shall commit any sin that men commit, to commit a trespass against the LORD, and that soul be guilty;

יחטא ואשם‎‎ כי‎ means when he comes to a recognition of himself (recognises his duty) to repent of his sin and makes up his mind to confess that he has sinned and has incurred guilt).

and it shall be, when he shall be guilty in one of these things, that he shall confess that wherein he hath sinned;

And if the whole congregation of Israel shall err, the thing being hid from the eyes of the assembly, and do any of the things which the LORD hath commanded not to be done, and are guilty:

whose buyers slay them, and hold themselves not guilty; and they that sell them say: Blessed be the LORD, for I am rich; and their own shepherds pity them not.

Speak unto the children of Israel: When a man or woman shall commit any sin that men commit, to commit a trespass against the LORD, and that soul be guilty;

then they shall confess their sin which they have done; and he shall make restitution for his guilt in full, and add unto it the fifth part thereof, and give it unto him in respect of whom he hath been guilty.

then they shall confess their sin which they have done; and he shall make restitution for his guilt in full, and add unto it the fifth part thereof, and give it unto him in respect of whom he hath been guilty.

את אשמו בראשו [HE SHALL RESTORE] THAT WHEREIN HE IS GUILTY, AS BEING THE CHIEF SUM — This means, he shall restore the principal about which he has sworn falsely (Bava Kamma 110a).

or any thing about which he hath sworn falsely, he shall even restore it in full, and shall add the fifth part more thereto; unto him to whom it appertaineth shall he give it, in the day of his being guilty.

or whatever he swore falsely about . The principal denotes either the thing itself, or its equivalent in value.

then they shall confess their sin which they have done; and he shall make restitution for his guilt in full, and add unto it the fifth part thereof, and give it unto him in respect of whom he hath been guilty.

then they shall confess their sin which they have done; and he shall make restitution for his guilt in full, and add unto it the fifth part thereof, and give it unto him in respect of whom he hath been guilty.

The Gemara comments: The two sides of this dilemma are parallel to a dispute between tanna’im, as it is taught in a baraita that it is written: “And shall add unto it one-fifth part thereof” (Leviticus 27:27). This means that the item and its additional one-fifth payment will total five parts; one-fifth is calculated from without; this is the statement of Rabbi Yoshiya. Rabbi Yonatan says: Its one-fifth means one-fifth of the principal; one-fifth is calculated from within. § A dilemma was raised before the Sages: Does failure to pay the additional one-fifth prevent consumption outside of Jerusalem of second tithe that was redeemed, or does it not prevent consumption? The dilemma is: Is second-tithe produce worth four dinars redeemed with four dinars, and the obligation to add the payment of one-fifth is an obligation incumbent upon the owner himself? In that case, apparently, failure to pay the additional one-fifth does not prevent consumption. Or perhaps second-tithe produce worth four dinars is redeemed with five dinars, no less, and failure to pay the additional one-fifth prevents consumption.

And he shall make restitution for that which he hath done amiss in the holy thing, and shall add the fifth part thereto, and give it unto the priest; and the priest shall make atonement for him with the ram of the guilt-offering, and he shall be forgiven.