5:1 VE NEPHESH KI TECHET'A VE SHAM'AH KOL ALAH VE HU ED O RA'AH O YADA IM LO YAGID VE NASA AVONO
וְנֶפֶשׁ כִּי תֶחֱטָא וְשָׁמְעָה קוֹל אָלָה וְהוּא עֵד אוֹ רָאָה אוֹ יָדָע אִם לוֹא יַגִּיד וְנָשָׂא עֲוֹנוֹ
KJ (King James translation): And if a soul sin, and hear the voice of swearing, and is a witness, whether he hath seen or known of it; if he do not utter it, then he shall bear his iniquity.
BN: And if any one sin, in that he hears someone breaking an oath that he has sworn, himself being a witness, whether he has seen it, or learned of it, if he does not utter it, then he shall be held accountable.
This might make an interesting defense for the boss of Wikileaks, but wouldn't go down well in most school playgrounds, where "snitching" on your peers is considered a worse sin than the actual sin. The entire Soviet informer network relied on this same (questionable) morality,and Quuen Elizabeth I depended on it for her survival as monarch.
But on the other hand, or perhaps just in an another context, there are also the words of Pastor Martin Niemoller, and my own observation, in "Notes On The Death Of Zarathustra", that "silence in the face of inhumanity is tantamount to complicity". At what point, then, does it constitute "snitching", at what point "informing", at what point "whistle-blowing"? Maybe it depends on the nature of the oath.
5:2 O NEPHESH ASHER TIGA BE CHOL DAVAR TAM'E O VE NIVLAT CHAYAH TEME'AH O BE NIVLAT BEHEMAH TEME'AH O BE NIVLAT SHERETS TAM'E VE NE'LAM MIMENU VE HU TAM'E VE ASHEM
אוֹ נֶפֶשׁ אֲשֶׁר תִּגַּע בְּכָל דָּבָר טָמֵא אוֹ בְנִבְלַת חַיָּה טְמֵאָה אוֹ בְּנִבְלַת בְּהֵמָה טְמֵאָה אוֹ בְּנִבְלַת שֶׁרֶץ טָמֵא וְנֶעְלַם מִמֶּנּוּ וְהוּא טָמֵא וְאָשֵׁם
KJ: Or if a soul touch any unclean thing, whether it be a carcase of an unclean beast, or a carcase of unclean cattle, or the carcase of unclean creeping things, and if it be hidden from him; he also shall be unclean, and guilty.
BN: Or if someone touch some unclean thing, whether it be the carcass of an unclean beast, or the carcass of unclean cattle, or the carcass of unclean insects, and he is unaware of it, nonetheless he has committed a sin, and he is unclean, and there is something to expiate...
Yes, this is crucial, and extraordinarily humanistic for such a barbaric epoch (I mean ours, not theirs). What if a person sins, but does not know that he has sinned?..
ASHEM: There is a subtle difference between ASHEM and CHET or CHAT'A, though it is far from easy to define. Numbers 5:7 uses both in the same sentence, so this may be the best place to look: the inference there is that the CHET or CHAT'A is the "sin" itself, the doing it, where ASHEM is the "crime", for which a guilty verdict, or simply a guilty conscience, requires expiation. The difference lying between the act being concealed, even from the perpetrator, and known, whether just to the perpetrator, ormore widely.
The outcome of this verse is in verse 5, verses 3 and 4 adding more case beforehand.
5:3 O CHI YIGA BE TUM'AT ADAM LE CHOL TUM'ATO ASHER YITMA BAH VE NE'LAM MIMENU VE HU YADA VE ASHEM
אוֹ כִי יִגַּע בְּטֻמְאַת אָדָם לְכֹל טֻמְאָתוֹ אֲשֶׁר יִטְמָא בָּהּ וְנֶעְלַם מִמֶּנּוּ וְהוּא יָדַע וְאָשֵׁם
KJ: Or if he touch the uncleanness of man, whatsoever uncleanness it be that a man shall be defiled withal, and it be hid from him; when he knoweth of it, then he shall be guilty.
BN: Or if he touch the uncleanness of another person, whatsoever that uncleanness be that renders him unclean, and he is not aware of it; but when he becomes aware of it, then there is something to expiate...
This is beginning to sound somewhat obsessive, the Law of OCD...
5:4 O NEPHESH KI TISHAVA LE VAT'E VI SEPHATAYIM LEHARA O LEHEYTIV LE CHOL ASHER YEVAT'E HA ADAM BISHVU'AH VE NE'ELAM MIMENU VE HU YADA VE ASHEM LE ACHAT ME ELEH
אוֹ נֶפֶשׁ כִּי תִשָּׁבַע לְבַטֵּא בִשְׂפָתַיִם לְהָרַע אוֹ לְהֵיטִיב לְכֹל אֲשֶׁר יְבַטֵּא הָאָדָם בִּשְׁבֻעָה וְנֶעְלַם מִמֶּנּוּ וְהוּא יָדַע וְאָשֵׁם לְאַחַת מֵאֵלֶּה
KJ: Or if a soul swear, pronouncing with his lips to do evil, or to do good, whatsoever it be that a man shall pronounce with an oath, and it be hid from him; when he knoweth of it, then he shall be guilty in one of these.
BN: Or if someone is heard, clearly swearing to do evil, or to do good, whatever the precise nature of that oath might be, and he is unaware of it; but when he becomes aware of it, there is something to expiate in any one of these things.
Most people's first reaction to this verse is: how is it possible to swear to do something, good or bad, and not know that you made that vow. And then you reflect, and realise, on my life, by god we all do that sort of thing all the time, and I'll bet my mortgage on it that everyone of you has too, at some time - and may you rot in hell if you're saying you haven't when you know perfectly well you have. Colloquial idioms.
LE ACHAT ME ELEH: Why only in "one of these"? Or is this too a colloquial idiom, and the intention is "all of these" or "any one of these"? Based on the previous verses, and confirmed by the outcome in verse 5, it should be.
5:5 VE HAYAH CHI YE'SHAM LE ACHAT ME ELEH VE HITVADAH ASHER CHAT'A ALEYHA
וְהָיָה כִי יֶאְשַׁם לְאַחַת מֵאֵלֶּה וְהִתְוַדָּה אֲשֶׁר חָטָא עָלֶיהָ
KJ: And it shall be, when he shall be guilty in one of these things, that he shall confess that he hath sinned in that thing:
BN: And it shall be, when he shall be guilty in one of these things, that he shall confess the matter in which he has sinned.
Just own up - that's all this is saying. Just own up. I did it. I may not have meant to, I may not even have wanted to, I may have been forced to, I may even have thought I was doing good but it didn't turn out that way, but... just own up, deal with it, move on. Polish death camps!
5:6 VE HEVI EY ASHAMO LA YHVH AL CHATA'TO ASHER CHAT'A NEKEVAH MIN HA TSON KISBAH O SE'IRAT IZIM LE CHATA'T VE CHIPER ALAV HA KOHEN ME CHATA'TO
וְהֵבִיא אֶת אֲשָׁמוֹ לַיהוָה עַל חַטָּאתוֹ אֲשֶׁר חָטָא נְקֵבָה מִן הַצֹּאן כִּשְׂבָּה אוֹ שְׂעִירַת עִזִּים לְחַטָּאת וְכִפֶּר עָלָיו הַכֹּהֵן מֵחַטָּאתוֹ
KJ: And he shall bring his trespass offering unto the LORD for his sin which he hath sinned, a female from the flock, a lamb or a kid of the goats, for a sin offering; and the priest shall make an atonement for him concerning his sin.
BN: And he shall bring his offering to YHVH to expiate the sin which he has committed, a female from the flock, a lamb or a goat, for a sin-offering; and the Kohen shall make atonement for him concerning his sin.
KISBAH: Our dyslectic sheep once again.
5:7 VE IM LO TAGIYA YADO DEY SEH VE HEVI ET ASHAMO ASHER CHAT'A SHETEY TORIM O SHENEY VENEY YONAH LA YHVH ECHAD LA CHATA'T VE ECHAD LE OLAH
וְאִם לֹא תַגִּיעַ יָדוֹ דֵּי שֶׂה וְהֵבִיא אֶת אֲשָׁמוֹ אֲשֶׁר חָטָא שְׁתֵּי תֹרִים אוֹ שְׁנֵי בְנֵי יוֹנָה לַיהוָה אֶחָד לְחַטָּאת וְאֶחָד לְעֹלָה
KJ: And if he be not able to bring a lamb, then he shall bring for his trespass, which he hath committed, two turtledoves, or two young pigeons, unto the LORD; one for a sin offering, and the other for a burnt offering.
BN: And if his means do not suffice for a lamb, then he shall bring to YHVH, as his expiation for the matter in which he has sinned, two turtle-doves, or two young pigeons: one for a sin-offering, and the other for a burnt-offering.
Yes, I like the idea that a man should not be expected to make a sacrifice beyond his means; it is the contrition, not the value, that counts. And indeed we have witnessed this previously - see my extensive notes on the dove at Leviticus 1:14.
5:8 VE HEVI OTAM EL HA KOHEN VE HIKRIV ET ASHER LA CHATA'T RISHONAH U MALAK ET ROSHO MI MUL ARPO VE LO YAVDIL
וְהֵבִיא אֹתָם אֶל הַכֹּהֵן וְהִקְרִיב אֶת אֲשֶׁר לַחַטָּאת רִאשׁוֹנָה וּמָלַק אֶת רֹאשׁוֹ מִמּוּל עָרְפּוֹ וְלֹא יַבְדִּיל
KJ: And he shall bring them unto the priest, who shall offer that which is for the sin offering first, and wring off his head from his neck, but shall not divide it asunder:
BN: And he shall bring them to the Kohen, who shall offer whatever is the sin-offering first, and pinch off its head close by its neck, but he shall not tear it in pieces.
This is remarkably similar to the way roast quail is prepared in quality French restaurants for the squeamish bourgeoisie. YHVH the chef de cuisine! See also Leviticus 1:17.
On this occasion it is the Kohen who undertakes the slaughter, not the bringer of the sacrifice. Generally we have seen the bringer expected to do it himself, while the Kohen sprinkles the blood on the horns of the altar, as in the next verse, and completes the burning if it is to be a burnt-offering. And indeed, in verse 10, that is precisely what will happen - so we can say for certain that the difference lies in whether the offering is to be burnt or not.
On this occasion it is the Kohen who undertakes the slaughter, not the bringer of the sacrifice. Generally we have seen the bringer expected to do it himself, while the Kohen sprinkles the blood on the horns of the altar, as in the next verse, and completes the burning if it is to be a burnt-offering. And indeed, in verse 10, that is precisely what will happen - so we can say for certain that the difference lies in whether the offering is to be burnt or not.
5:9 VE HIZAH MI DAM HA CHATA'T AL KIR HA MIZBE'ACH VE HA NISH'AR BA DAM YIMATSEH EL YESOD HA MIZBE'ACH CHATA'T HU
וְהִזָּה מִדַּם הַחַטָּאת עַל קִיר הַמִּזְבֵּחַ וְהַנִּשְׁאָר בַּדָּם יִמָּצֵה אֶל יְסוֹד הַמִּזְבֵּחַ חַטָּאת הוּא
KJ: And he shall sprinkle of the blood of the sin offering upon the side of the altar; and the rest of the blood shall be wrung out at the bottom of the altar: it is a sin offering.
BN: And he shall sprinkle of the blood of the sin-offering on the side of the altar; and the rest of the blood shall be drained out at the base of the altar; it is a sin-offering.
5:10 VE ET HA SHENI YA'ASEH OLAH KA MISHPAT VE CHIPER ALAV HA KOHEN ME CHATA'TO ASHER CHAT'A VE NISLACH LO
וְאֶת הַשֵּׁנִי יַעֲשֶׂה עֹלָה כַּמִּשְׁפָּט וְכִפֶּר עָלָיו הַכֹּהֵן מֵחַטָּאתוֹ אֲשֶׁר חָטָא וְנִסְלַח לוֹ
KJ: And he shall offer the second for a burnt offering, according to the manner: and the priest shall make an atonement for him for his sin which he hath sinned, and it shall be forgiven him.
BN: And he shall prepare the second for a burnt-offering, according to the ordinance; and the Kohen shall make atonement for him in the matter of the sin which he has committed, and he shall be forgiven.
5:11 VE IM LO TASIG YADO LISHTEY TORIM O LISHNEY VENEY YONAH VE HEVI ET KARBANO ASHER CHAT'A ASIYRIT HA EPHAH SOLET LE CHATA'T LO YASIM ALEYHA SHEMEN VE LO YITEN ALEYHA LEVONAH KI CHATA'T HI
וְאִם לֹא תַשִּׂיג יָדוֹ לִשְׁתֵּי תֹרִים אוֹ לִשְׁנֵי בְנֵי יוֹנָה וְהֵבִיא אֶת קָרְבָּנוֹ אֲשֶׁר חָטָא עֲשִׂירִת הָאֵפָה סֹלֶת לְחַטָּאת לֹא יָשִׂים עָלֶיהָ שֶׁמֶן וְלֹא יִתֵּן עָלֶיהָ לְבֹנָה כִּי חַטָּאת הִוא
KJ: But if he be not able to bring two turtledoves, or two young pigeons, then he that sinned shall bring for his offering the tenth part of an ephah of fine flour for a sin offering; he shall put no oil upon it, neither shall he put any frankincense thereon: for it is a sin offering.
BN: But if his means do not suffice for two turtledoves, or two young pigeons, then he shall bring his offering for the matter in which he has sinned, the tenth part of an ephah of fine flour for a sin-offering; he shall put no oil upon it, neither shall he put any frankincense on it; for it is a sin-offering.
There are some very fine distinctions being made between these types of sacrifice; if it is this, then you cannot use oil, and if it is that then you may not add frankincense. But why? Is there a correspondence between the scale of the sin and the scale of the offering? Is it a way of avoiding additional cost? Or is it a matter of not putting chili in a cheese cake?
There is something of "pennies in the old man's hat" about this verse.
5:12 VE HEVIY'AH EL HA KOHEN VE KAMATS HA KOHEN MIMENAH MELO KUMTSO ET AZKARATAH VE HIKTIR HA MIZBECHAH AL ISHEY YHVH CHATA'T HI
וֶהֱבִיאָהּ אֶל הַכֹּהֵן וְקָמַץ הַכֹּהֵן מִמֶּנָּה מְלוֹא קֻמְצוֹ אֶת אַזְכָּרָתָהּ וְהִקְטִיר הַמִּזְבֵּחָה עַל אִשֵּׁי יְהוָה חַטָּאת הִוא
KJ: Then shall he bring it to the priest, and the priest shall take his handful of it, even a memorial thereof, and burn it on the altar, according to the offerings made by fire unto the LORD: it is a sin offering.
BN: And he shall bring it to the Kohen, and the Kohen shall take his portion of it as the memorial-part, and make it smoke on the altar, on the burnt offerings of YHVH; it is a sin-offering.
5:13 VE CHIPER ALAV HA KOHEN AL CHATA'TO ASHER CHAT'A ME ACHAT ME ELEH VE NISLACH LO VE HAYETAH LA KOHEN KA MINCHAH
וְכִפֶּר עָלָיו הַכֹּהֵן עַל חַטָּאתוֹ אֲשֶׁר חָטָא מֵאַחַת מֵאֵלֶּה וְנִסְלַח לוֹ וְהָיְתָה לַכֹּהֵן כַּמִּנְחָה
KJ: And the priest shall make an atonement for him as touching his sin that he hath sinned in one of these, and it shall be forgiven him: and the remnant shall be the priest's, as a meat offering.
BN: And the Kohen shall make atonement for him in the matter of the sin that he has committed, whatever it may be, and he shall be forgiven; and the remnant shall be the Kohen's, as the meal-offering.
samech break
5:14 VA YEDABER YHVH EL MOSHEH LEMOR
וַיְדַבֵּר יְהוָה אֶל מֹשֶׁה לֵּאמֹר
KJ: And the LORD spake unto Moses, saying,
BN: Then YHVH spoke to Mosheh, saying:
5:15 NEPHESH KI TIM'OL MA'AL VE CHATA'H BISHGAGAH MI KADSHEY YHVH VE HEVI ET ASHAMO LA YHVH AYIL TAMIM MIN HA TSON BE ERCHECHA KESEPH SHEKALIM BE SHEKEL HA KODESH LA ASHAM
נֶפֶשׁ כִּי תִמְעֹל מַעַל וְחָטְאָה בִּשְׁגָגָה מִקָּדְשֵׁי יְהוָה וְהֵבִיא אֶת אֲשָׁמוֹ לַיהוָה אַיִל תָּמִים מִן הַצֹּאן בְּעֶרְכְּךָ כֶּסֶף שְׁקָלִים בְּשֶׁקֶל הַקֹּדֶשׁ לְאָשָׁם
KJ: If a soul commit a trespass, and sin through ignorance, in the holy things of the LORD; then he shall bring for his trespass unto the LORD a ram without blemish out of the flocks, with thy estimation by shekels of silver, after the shekel of the sanctuary, for a trespass offering:
BN: If someone commits a trespass, and sins by mistake, in the holy things of YHVH, then he shall bring his forfeit to YHVH, a ram without blemish from his flock, according to your valuation in silver by shekels, after the shekel of the Sanctuary, for a guilt-offering.
Guilt offerings are not the same as sin-offerings, yet the word CHET is used for both. Why? What is the difference? See again my note on CHET versus ASHAM at verse 2 - this now uses ASHAM as the word for the expiation.
BE ERCHECHA: One of the few occasions when YHVH leaves room for Man, or in this case Mosheh, to make a legal determination. Why? Because the penalty has a human value, and presumably someone just realised that markets fluctuate, prices vary, and the rich and poor have different capacities. Presumably that somebody was Ezra, not Mosheh; or it may have been the Kohen Gadol of the First or Second Temple, but still, not Mosheh.
5:16 VE ET ASHER CHAT'A MIN HA KODESH YESHALEM VE ET CHAMIYSHITO YOSEPH ALAV VE NATAN OTO LA KOHEN VE HA KOHEN YECHAPER ALAV BE EYL HA ASHAM VE NISLACH LO
וְאֵת אֲשֶׁר חָטָא מִן הַקֹּדֶשׁ יְשַׁלֵּם וְאֶת חֲמִישִׁתוֹ יוֹסֵף עָלָיו וְנָתַן אֹתוֹ לַכֹּהֵן וְהַכֹּהֵן יְכַפֵּר עָלָיו בְּאֵיל הָאָשָׁם וְנִסְלַח לוֹ
KJ: And he shall make amends for the harm that he hath done in the holy thing, and shall add the fifth part thereto, and give it unto the priest: and the priest shall make an atonement for him with the ram of the trespass offering, and it shall be forgiven him.
BN: And he shall make restitution for that which he has done amiss in the holy thing, and shall add a fifth part to it, and give it to the Kohen; and the Kohen shall make atonement for him with the ram of the guilt-offering, and he shall be forgiven.
The word CHIPER is also used for both, and CHIPER is the strongest form of atonement (as in Yom Kippur); though the consequence is described as SELICHAH, not KAPARAH. See my note at Exodus 9:27.
pey break
5:17 VE IM NEPHESH KI TECHETA VE ASTAH ACHAT MI KOL MITSVOT YHVH ASHER LO TE'ASEYNAH VE LO YADA VE ASHEM VE NASA AVONO
וְאִם נֶפֶשׁ כִּי תֶחֱטָא וְעָשְׂתָה אַחַת מִכָּל מִצְוֹת יְהוָה אֲשֶׁר לֹא תֵעָשֶׂינָה וְלֹא יָדַע וְאָשֵׁם וְנָשָׂא עֲוֹנוֹ
KJ: And if a soul sin, and commit any of these things which are forbidden to be done by the commandments of the LORD; though he wist it not, yet is he guilty, and shall bear his iniquity.
BN: And if someone sins, and does any of the things which YHVH has instructed must not be done, even though he is unaware of having done it, nonetheless he is he guilty, and he shall accept responsibility.
NASA AVONO: Which is not the same as VE ASHEM, though actually the consequence will turn out to be identical. Accepting responsibility leads on to expiation.
This is one of the more complex pieces of theology, and it leads to all manner of prayers for forgiveness "just in case". To sin is to sin; even if you do not know that you have sinned; you are still guilty. This applies in modern law too, of course. Ignorance is not sufficient for exoneration.
This is one of the more complex pieces of theology, and it leads to all manner of prayers for forgiveness "just in case". To sin is to sin; even if you do not know that you have sinned; you are still guilty. This applies in modern law too, of course. Ignorance is not sufficient for exoneration.
Note that every time this is described, in this and the previous chapters, it refers specifically to the negative commandments; "doing what is prohibited" is not the same as "not doing what is required". (Go tell that to the Poles who lived near Auschwitz, let alone the guy who parked in a "no parking" zone but "didn't see the sign"!)
5:18 VE HEVI AYIL TAMIM MIN HA TSON BE ERCHECHA LE ASHAM EL HA KOHEN VE CHIPER ALAV HA KOHEN AL SHIGEGATO ASHER SHAGAG VE HU LO YADA VE NISLACH LO
וְהֵבִיא אַיִל תָּמִים מִן הַצֹּאן בְּעֶרְכְּךָ לְאָשָׁם אֶל הַכֹּהֵן וְכִפֶּר עָלָיו הַכֹּהֵן עַל שִׁגְגָתוֹ אֲשֶׁר שָׁגָג וְהוּא לֹא יָדַע וְנִסְלַח לוֹ
KJ: And he shall bring a ram without blemish out of the flock, with thy estimation, for a trespass offering, unto the priest: and the priest shall make an atonement for him concerning his ignorance wherein he erred and wist it not, and it shall be forgiven him.
BN: And he shall bring a ram without blemish from the flock, according to your valuation, for a guilt-offering, to the Kohen; and the Kohen shall make atonement for him concerning the error which he committed, even though he was unaware of it, and he shall be forgiven.
There is something rather televisual about this: akin to the Antiques Road Show. The man has committed a sin and needs a ram without blemish from the flock, but he isn't a farmer, so he is taken to the nearest farm and invited to choose a suitable Azaz-El. But he needs a ram that is equivalent in material value to the "price" of his sin, so an expert is on hand. That ram is for eating non-kosher food, that one's for adultery. That scrawny piece of mutton over there? Barely worth an act of jay-walking? You jay-walked? Oh well, there's your expiation.
5:19 ASHAM HU ASHOM ASHAM LA YHVH
אָשָׁם הוּא אָשֹׁם אָשַׁם לַיהוָה
KJ: It is a trespass offering: he hath certainly trespassed against the LORD.
BN: It is a guilt-offering; he is regarded as guilty by YHVH.
pey break; and for some reason this is where Christian Bibles end Chapter 5, starting Chapter 6 with the following verse. No, not "for some reason" - for a very clear, but also a very bad reason: the Christian Bible is always a translation from the Latin, which is a translation from the Greek, whose source was the Septuagint, the version made for the Greek-speaking ex-patriate Beney Yehudah in Alexandria around the middle of the 3rd century BCE, which was about 100 years after the Tanach as we know it had been created in Yehudah. The Septuagint ends chapter 5 here; what we cannot know is: did the original-original Ezraic version also end here, and it was changed later to what is now the standard Yehudit version, or did the Septuagint make the change? The only other sources we might be able to go to for an answer are the Leviticus text found among the Dead Sea Scrolls (but that unfortunately is just a few verses, and none of them from chapter 5), or the ancient scroll recovered in 1970 (but that was too fire-damaged to reveal very much), and early versions that you can track down on-line, containing paleo-Hebrew or Ugaritic script, are all retrospectively created, using today's model, so they are not alas usable in this regard - see for example here or here; good and useful sites, just not in this particular regard.
5:20 VA YEDABER YHVH EL MOSHEH LEMOR
וַיְדַבֵּר יְהוָה אֶל מֹשֶׁה לֵּאמֹר
KJ (6:1): And the LORD spake unto Moses, saying,
BN: Then YHVH spoke to Mosheh, saying:
5:21 NEPHESH KI TECHET'A U MA'ALAH MA'AL BA YHVH VE CHICHESH BA AMIYTO BE PHIKADON O VIT'SUMET YAD O VE GAZEL O ASHAK ET AMIYTO
נֶפֶשׁ כִּי תֶחֱטָא וּמָעֲלָה מַעַל בַּיהוָה וְכִחֵשׁ בַּעֲמִיתוֹ בְּפִקָּדוֹן אוֹ בִתְשׂוּמֶת יָד אוֹ בְגָזֵל אוֹ עָשַׁק אֶת עֲמִיתוֹ
KJ (6:2): If a soul sin, and commit a trespass against the LORD, and lie unto his neighbour in that which was delivered him to keep, or in fellowship, or in a thing taken away by violence, or hath deceived his neighbour;
BN: If someone sins, and commit a trespass against YHVH, by dealing falsely with his neighbour in the matter of a deposit, or of a pledge, or by robbery, or if he has bullied his neighbour...
At last, as promised, we begin to move from the generality of sin to its specifics, and most specifically into matters of Man versus Man, rather than Man versus deity; issues of civil or criminal law for which we might expect judicial punishments; imprisonment would of course be problematic for the Beney Yisra-El wandering in the desert, but stoning, lashing, excommunication, death...
5:22 O MATSA AVEDAH VE CHICHESH BAH VE NISHBA AL SHAKER AL ACHAT MI KOL ASHER YA'ASEH HA ADAM LA CHAT'O VA HENAH
אוֹ מָצָא אֲבֵדָה וְכִחֶשׁ בָּהּ וְנִשְׁבַּע עַל שָׁקֶר עַל אַחַת מִכֹּל אֲשֶׁר יַעֲשֶׂה הָאָדָם לַחֲטֹא בָהֵנָּה
KJ (6:3): Or have found that which was lost, and lieth concerning it, and sweareth falsely; in any of all these that a man doeth, sinning therein:
BN: Or he has found something that was lost, and dealt falsely in the matter, and swore and perjured himself; in any of all these things that a man might do, sinning therein...
5:23 VE HAYAH KI YECHETA VE ASHEM VE HESHIV ET HA GEZELAH ASHER GAZAL O ET HA OSHEK ASHER ASHAK O ET HA PIKADON ASHER HAPHKAD ITO O ET HA AVEDAH ASHER MATSA
וְהָיָה כִּי יֶחֱטָא וְאָשֵׁם וְהֵשִׁיב אֶת הַגְּזֵלָה אֲשֶׁר גָּזָל אוֹ אֶת הָעֹשֶׁק אֲשֶׁר עָשָׁק אוֹ אֶת הַפִּקָּדוֹן אֲשֶׁר הָפְקַד אִתּוֹ אוֹ אֶת הָאֲבֵדָה אֲשֶׁר מָצָא
KJ (6:4): Then it shall be, because he hath sinned, and is guilty, that he shall restore that which he took violently away, or the thing which he hath deceitfully gotten, or that which was delivered him to keep, or the lost thing which he found,
BN: Then it shall be, if he has sinned, and is found guilty, that he shall restore what he took by robbery, or the thing which he acquired by bullying, or the deposit which was deposited with him, or the lost item which he found...
The Supreme Court would have difficulty with some of this; restitution is all very well, but a raped woman cannot be given back her virginity. In today's world, and in that of the Talmudic Rabbis, the concept of Nezikim - "damages" - would be introduced: equivalents to restitution where restitution is either unachievable or insufficient. In the world of the immediate post-Holocaust it was called "reparations".
5:24 O MI KOL ASHER YISHAV'A ALAV LA SHEKER VE SHILAM OTO BE ROSHO VA CHAMISHITAV YOSEPH ALAV LA ASHER HU LO YITNENU BE YOM ASHMATO
אוֹ מִכֹּל אֲשֶׁר יִשָּׁבַע עָלָיו לַשֶּׁקֶר וְשִׁלַּם אֹתוֹ בְּרֹאשׁוֹ וַחֲמִשִׁתָיו יֹסֵף עָלָיו לַאֲשֶׁר הוּא לוֹ יִתְּנֶנּוּ בְּיוֹם אַשְׁמָתוֹ
KJ (6:5): Or all that about which he hath sworn falsely; he shall even restore it in the principal, and shall add the fifth part more thereto, and give it unto him to whom it appertaineth, in the day of his trespass offering.
BN: Or any thing about which he has sworn falsely, even that he shall restore in full, and shall add a further fifth part to it; he shall give it to him to whom it belongs, on the day of his being [found] guilty.
I have added the word "found" in the translation, as it seems to me a necessity if this is to be clear.
5:25 VE ET ASHAMO YAVI LA YHVH AYIL TAMIM MIN HA TSON BE ERCHECHA LE ASHAM EL HA KOHEN
וְאֶת אֲשָׁמוֹ יָבִיא לַיהוָה אַיִל תָּמִים מִן הַצֹּאן בְּעֶרְכְּךָ לְאָשָׁם אֶל הַכֹּהֵן
KJ (6:6): And he shall bring his trespass offering unto the LORD, a ram without blemish out of the flock, with thy estimation, for a trespass offering, unto the priest:
BN: And he shall bring his expiation to YHVH, a ram without blemish from the flock, according to your valuation, for a guilt-offering, to the Kohen.
For the third time the judicial decision is left to Mosheh (or the Kohen Gadol later on) to decide.
And what if the man has no flocks or herds? He can find the money to buy some. Unstated, but implicit.
5:26 VE CHIPER ALAV HA KOHEN LIPHNEY YHVH VE NISLACH LO AL ACHAT MI KOL ASHER YA'ASEH LE ASHMAH VAH
וְכִפֶּר עָלָיו הַכֹּהֵן לִפְנֵי יְהוָה וְנִסְלַח לוֹ עַל אַחַת מִכֹּל אֲשֶׁר יַעֲשֶׂה לְאַשְׁמָה בָהּ
KJ (6:7): And the priest shall make an atonement for him before the LORD: and it shall be forgiven him for any thing of all that he hath done in trespassing therein.
BN: And the Kohen shall make atonement for him before YHVH, and he shall be forgiven, concerning whatever it was that he did that rendered him guilty.
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