פרשת נשא תש"ד - 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).

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;

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;

And it shall be upon Aaron’s forehead, and Aaron shall bear the iniquity committed in the holy things, which the children of Israel shall hallow, even in all their holy gifts; and it shall be always upon his forehead, that they may be accepted before the LORD.

or have found that which was lost, and deal falsely therein, and swear to a lie; in any of all these that a man doeth, sinning therein;

And the LORD said unto Aaron: ‘Thou and thy sons and thy fathers’ house with thee shall bear the iniquity of the sanctuary; and thou and thy sons with thee shall bear the iniquity of your priesthood.

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.

All commandments of the Torah, whether they be mandatory or prohibitive, if a man violates any one of them, either presumptuously or erroneously, when he will repent himself and turn away from his sinful way, he is obliged to confess before God, blessed is He! even as it is said: "When a man or woman shall commit any sin..… Then they shall confess their sin which they have done (Num. 5.6–7), which is a confession of words. Such confession is a mandatory commandment. How is the verbal confession made? The sinner says thus: "I beseech Thee, O Great Name! I have sinned; I have been obstinate; I have committed profanity against Thee, particularly in doing thus and such. Now, behold! I have repented and am ashamed of my actions; forever will I not relapse into this thing again." This is the elementary form of confession; but whosoever elaborates in confessing and extends this subject is, indeed, praise-worthy. Likewise all those who bring sin-offerings or trespass-offerings, when they offer their sacrifices, whether for their errors or for their spitefulness, find no atonement in their sacrifices, unless they repent, and deliver themselves of a verbal confession, even as it is said: "He shall confess that he hath sinned in that thing" (Lev. 5.5) So, too, are the guilty upon whom the tribunal pronounced either a sentence of death or of stripes, who find no atonement either in their death or in being lashed unless they do repent and make verbal confession. Even he, who injures his friend or causes him damages in money matters, although he makes restitution of what he owes him, finds no atonement, unless he makes verbal confession and repents by obligating himself never to repeat this again, even as is said: "Any sin that man commits" (Num. 5.6).¹Sifra, Lev. 5; Yoma, 36b; Shebu’ot, 13a; Sanhedrin, 43a; Baba Kama, 92b.C.

לאשר אשם לו [AND HE SHALL RESTORE THE PRINCIPAL … AND GIVE UNTO HIM] TO WHOM HE IS GUILTY — i.e. unto him to whom he (the claimant) owes money (Ketubot 19a).

ואם אין לאיש גאל BUT IF THE MAN HAS NO KINSMAN — This means that the claimant who put him to the oath, died and has left no heirs,

להשיב האשם אליו TO WHOM THAT WHEREIN HE IS GUILTY COULD BE RESTORED, when he decided at a later period to confess his sin. — Our Rabbis asked (Sifrei Bamidbar 4:1; Bava Kamma 109a): But can you find anyone in Israel who has no kinsman whatsoever, neither a son nor a brother nor other relative near akin to him from his father’s family, going back as far as Jacob? But this person referred to is a proselyte who died and has no heirs (his heathen relatives not being entitled to succeed to his property) (Sifrei Bamidbar 4:1; Bava Kamma 109a).

האשם המושב THAT WHEREIN HE IS GUILTY AND WHICH HATH TO BE RESTORED — i.e. the principal (האשם) and the fifth thereof (המושב) (cf. Bava Kamma 110a),

לה’ לכהן BELONGS TO THE LORD, FOR THE PRIEST — This means the Lord becomes its owner and gives it to the priest of that Mishmar (shift) (Bava Kamma 109b).

ואיש את קדשיו לו יהיו AND EVERY MAN’S HOLY THINGS SHALL BE HIS — Because the gifts due to the priests and the Levites are merely mentioned in the Torah (Deuteronomy 18:1—8) (without any statement as to how they are to come into possession of them), therefore one might think they may come and take them by force. On this account, it states here, ‘‘and every man’s holy things shall be his” — in some respect — thus it teaches us that the טובת הנאה, the gratification of using them in this respect as he wishes, belongs to the owner. — Many other Halachic rules have they (the Rabbis) deduced about it (this statement) in Sifrei Bamidbar 6:2. — An Agadic explanation of ואיש את קדשיו לו יהיו is the following: Whosoever retains the tithes and does not give them to the Levite, only the tithes will be his, i.e., his field will ultimately yield no more than a tithe of what it was accustomed to yield (so that his whole possession will not exceed the gifts he should have given to the priests and the Levites; cf. Midrash Tanchuma, Re'eh 10).

איש אשר יתן לכהן, A MAN, HOWEVER, WHO GIVES TO THE PRIEST the gifts that are due to him,

But if the man have no kinsman to whom restitution may be made for the guilt, the restitution for guilt which is made shall be the LORD’S, even the priest’s; besides the ram of the atonement, whereby atonement shall be made for him.

ואם אין לאיש גאל BUT IF THE MAN HAS NO KINSMAN — This means that the claimant who put him to the oath, died and has left no heirs,