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: [1] 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.

Footnotes

1 - See [15]vol. 2, p. 273, on Numbers 5:8.

The law of restitution: a passage supplementary to Leviticus 5:5, etc., Leviticus 6:5, etc.

And the Lord spake unto Moses,.... Or continued to speak to him at the same time:
saying; as follows.

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 (מעל, see Leviticus 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" (בּראשׁו, as in Leviticus 6:5), etc. האדם מכּל־חטּאת, one of the sins occurring among men, not "a sin against a man" (Luther, Ros., etc.). The meaning is a sin, with which a מעל was committed against Jehovah, i.e., one of the acts described in Leviticus 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 (Leviticus 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 Leviticus 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 (Leviticus 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 Numbers 5:9 and Numbers 5:10, the directions which are substantially connected with this, viz., that every heave-offering (Terumah, see at Leviticus 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. את־קדשׁיו אישׁ, "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. את: as far, with regard to, quoad (see Ewald, 277, d; Ges. 117, 2, note).