Numbers 5:8

• Since sin is ultimately against God, the one doing wrong must make restitution to the LORD (Leviticus 5:6; Psalm 51:4). God allowed the human victims of the sin to receive this payment. If no victims were alive, the priest would receive the payment on behalf of the LORD. Those doing wrong must also offer a valuable sacrifice to restore their ceremonial purity and their relationship with God (Numbers 5:1–4).

• the atonement is made for him: See study note on Leviticus 1:4.

The laws about confession and restitution show the strong Hebrew concern for moral behavior (Leviticus 6:1–7).

Confession means admitting one’s sin before God. Restitution means making things right by repaying what was taken or damaged. A person who wronged another had to return what was stolen and often add more as a penalty.

These laws speak about cleanliness, repayment, and staying faithful in marriage.

RESTITUTION ENJOINED. (Num 5:5-10)

When a man or a woman shall commit any sin that men commit, to do a trespass against the Lord--This is a wrong or injury done by one man to the property of another, and as it is called "a trespass against the Lord," it is implied, in the case supposed, that the offense has been aggravated by prevaricating--by a false oath, or a fraudulent lie in denying it, which is a "trespass" committed against God, who is the sole judge of what is falsely sworn or spoken (Act 5:3-4).

and that person be guilty--that is, from the obvious tenor of the passage, conscience-smitten, or brought to a sense and conviction of his evil conduct. (See on Lev 6:2). In that case, there must be: first, confession, a penitential acknowledgment of sin; secondly, restitution of the property, or the giving of an equivalent, with the additional fine of a fifth part, both as a compensation to the person defrauded, and as a penalty inflicted on the injurer, to deter others from the commission of similar trespasses. (See on Exo 22:1). The difference between the law recorded in that passage and this is that the one was enacted against flagrant and determined thieves, the other against those whose necessities might have urged them into fraud, and whose consciences were distressed by their sin. This law also supposes the injured party to be dead, in which case, the compensation due to his representatives was to be paid to the priest, who, as God's deputy, received the required satisfaction.

Here is, I. A command for the purifying of the camp, by turning out from within its lines all those that were ceremonially unclean, by issues, leprosies, or the touch of dead bodies, until they were cleansed according to the law, Num 5:2, Num 5:3.
1. These orders are executed immediately, Num 5:4. (1.) The camp was now newly-modelled and put in order, and therefore, to complete the reformation of it, it is next to be cleansed. Note, The purity of the church must be as carefully consulted and preserved as the peace and order of it. It is requisite, not only that every Israelite be confined to his own standard, but that every polluted Israelite be separated from it. The wisdom from above is first pure, then peaceable. (2.) God's tabernacle was now fixed in the midst of their camp, and therefore they must be careful to keep it clean. Note, The greater profession of religion any house or family make the more they are obliged to put away iniquity far from their tabernacle, Job 22:23. The person, the place, in the midst of which God dwells, must not be defiled; for, if it be, he will be affronted, offended, and provoked to withdraw, Co1 3:16, Co1 3:17.
2. This expulsion of the unclean out of the camp was to signify, (1.) What the governors of the church ought to do: they must separate between the precious and the vile, and purge out scandalous persons, as old leaven (Co1 5:8, Co1 5:13), lest others should be infected and defiled, Heb 12:15. It is for the glory of Christ and the edification of his church that those who are openly and incorrigibly profane and vicious should be put out and kept from Christian communion till they repent. (2.) What God himself will do in the great day: he will thoroughly purge his floor, and gather out of his kingdom all things that offend. As here the unclean were shut out of the camp, so into the new Jerusalem no unclean thing shall enter, Rev 21:27.
II. A law concerning restitution, in case of wrong done to a neighbour. It is called a sin that men commit (Num 5:6), because it is common among men; a sin of man, that is, a sin against man, so it is thought it should be translated and understood. If a man overreach or defraud his brother in any matter, it is to be looked upon as a trespass against the Lord, who is the protector of right, the punisher of wrong, and who strictly charges and commands us to do justly. Now what is to be done when a man's awakened conscience charges him with guilt of this kind, and brings it to his remembrance though done long ago? 1. He must confess his sin, confess it to God, confess it to his neighbour, and so take shame to himself. If he have denied it before, though it go against the grain to own himself in a lie, yet he must do it; because his heart was hardened he denied it, therefore he has no other way of making it appear that his heart is now softened but by confessing it. 2. He must bring a sacrifice, a ram of atonement, Num 5:8. Satisfaction must be made for the offence done to God, whose law is broken, as well as for the loss sustained by our neighbour; restitution in this case is not sufficient without faith and repentance. 3. Yet the sacrifices would not be accepted till full amends were made to the party wronged, not only the principal, but a fifth part added to it, Num 5:7. It is certain that while that which is got by injustice is knowingly retained in the hands the guilt of the injustice remains upon the conscience, and is not purged by sacrifice nor offering, prayers not tears, for it is one and the same continued act of sin persisted in. This law we had before (Lev 6:4), and it is here added that if the party wronged was dead, and he had no near kinsman who was entitled to the debt, or if it was any way uncertain to whom the restitution should be made, this should not serve for an excuse to detain what was unjustly gotten; to whomsoever it pertained, it was certainly none of his that got it by sin, and therefore it must be given to the priest, Num 5:8. If there were any that could make out a title to it, it must not be given to the priest (God hates robbery for burnt-offerings); but, if there were not, then it lapsed to the great Lord (ob defectum sanguinis - for want of issue), and the priests were his receivers. Note, Some work of piety or charity is a piece of necessary justice to be done by those who are conscience to themselves that they have done wrong, but know not how otherwise to make restitution; what is not our property will never be our profit.
III. A general rule concerning hallowed things given upon this occasion, that, whatever was given to the priest, his it shall be, Num 5:9, Num 5:10. 1. He that gave it was not to receive his gift again upon any pretence whatsoever. This law ratifies and confirms all grants for pious uses, that people might not give things to the priests in a fit of zeal, and then recall them in a fit of vexation. 2. The other priests should not come in sharers with that priest who then officiated, and to whom the hallowed thing, whatever it was, was given. Let him that was most ready and diligent in attending fare the better for it: if he do the work, let him have the pay, and much good may it do him.

Numbers 5:8

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.

8. Si non fuerit viro redhibitor cui restituat delictum, delictum restituetur Jehovae, sacerdotis erit, procter arietem expiationum quo expiebit eum.

8 But if the man have no kinsman. This passage, which I have inserted from chapter 5 is connected [213] indeed with another subject, and yet, because it directly refers to the right of the priests, it was necessary to remove it to this place, especially since it expresses that kind of sacrifice which Moses has lately adverted to, i.e., when they expiated the crime of theft. God did not indeed desire that the priests should be enriched by others' losses, nor that thieves should go free, if they offered what they had stolen to the priests; but, if there were no one to whom they could restore it, He would have their houses delivered from (the proceeds of) their sin; and with very good reason, since otherwise the very gross offender would have never hesitated to plunder the goods of a dead man, if he were without heirs. First, therefore, He commanded their property to be restored to the lawful owners; and, if they were dead, He substituted their kinsmen, who are called g'lym, goelim, on account of the right of redemption, which God granted in the Law to relatives, as we shall see elsewhere; and because he who was next of kin was commanded to marry the widow of one who had left no seed. It was therefore a very uncommon thing that a person who had defrauded another had to recompense the loss to the priest; for in most cases some successor to the dead man would be found.

Footnotes:

[213] "Depend bien de la matiere qui est traitee plus au long des larrecins:" depends indeed on the subject of theft which is treated more at length. -- Fr.

But if a man have no kinsman to recompense the trespass to,.... This supposes that if a man should die, against whom the trespass is, before the restitution is made, then it shall be made to his heirs; and if he has none, then it was to be given to the priest, as after directed: the Jews (g) generally understand this of a proselyte, that has no heirs, for they say, there is no Israelite but has kinsmen, a brother or a son, or some one or other near of kin to him, of his father's family, even up to Jacob:

let the trespass be recompensed unto the Lord, even to the priest; that is, let the principal, with the fifth part, which is the recompence for the trespass committed, be given to the priest of the Lord, which is the same as if it was given to him, he being his minister:

beside the ram of the atonement, whereby an atonement shall be made for him; which, in this case, was ordered to be offered for the expiation, of the trespass, see Leviticus 6:6; the Jewish canon is,"he that takes away anything by force from a proselyte, and swears to him, and he (the proselyte) dies, lo, he shall pay the principal and the fifth to the priests, and the trespass offering to the altar, as it is said, "if a man has no kinsman", &c. when he brings the money and the trespass offering, and he is dead, the money shall be given to his sons, but the trespass offering (the ram) shall feed until it contracts some blemish, and then it shall be sold, and the price of it shall fall to the freewill offerings (h).''

(g) Maimon. & Bartenora in Misn. Bava Kama, c. 9. sect. 11. Jarchi in loc. (h) Misn. Bava Kama, ib.

If the man have no kinsman, which might be the case commonly with proselytes, if not with Israelites. This also suppposeth the person injured to be dead or gone away into some unknown place, and the person injured to be known to the injurer.

God appointed

the priest as his deputy to receive his dues, and take them to his own use, that so he might more cheerfully and entirely devote himself to the ministration of holy things. This is au additional explication to that law, , and for the sake thereof it seems here to be repeated.

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 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" (בּראשׁו, as in Lev 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 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. 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).