share torah logo

Leviticus 5:1 - Silent witness bears guilt?

Leviticus 5:1 - ויקרא 5:1

Hebrew Text

וְנֶפֶשׁ כִּי־תֶחֱטָא וְשָׁמְעָה קוֹל אָלָה וְהוּא עֵד אוֹ רָאָה אוֹ יָדָע אִם־לוֹא יַגִּיד וְנָשָׂא עֲוֺנוֹ׃

English Translation

And if a person sin, and hear the voice of adjuration, and is a witness, whether he has seen or known of it; if he do not utter it, then he shall bear his iniquity.

Transliteration

Venefesh ki-techeta veshama kol ala vehu ed o ra'a o yada im-lo yagid venasa avono.

Hebrew Leining Text

וְנֶ֣פֶשׁ כִּֽי־תֶחֱטָ֗א וְשָֽׁמְעָה֙ ק֣וֹל אָלָ֔ה וְה֣וּא עֵ֔ד א֥וֹ רָאָ֖ה א֣וֹ יָדָ֑ע אִם־ל֥וֹא יַגִּ֖יד וְנָשָׂ֥א עֲוֺנֽוֹ׃
וְנֶ֣פֶשׁ כִּֽי־תֶחֱטָ֗א וְשָֽׁמְעָה֙ ק֣וֹל אָלָ֔ה וְה֣וּא עֵ֔ד א֥וֹ רָאָ֖ה א֣וֹ יָדָ֑ע אִם־ל֥וֹא יַגִּ֖יד וְנָשָׂ֥א עֲוֺנֽוֹ׃

🎵 Listen to leining

Parasha Commentary

General Context of the Verse

This verse appears in Vayikra (Leviticus) 5:1 and deals with the obligation of a witness to testify when they have knowledge of a sin or wrongdoing. The Torah establishes that withholding testimony when one has witnessed or knows of a transgression is itself a sin, for which the witness bears guilt.

Key Terms and Their Meanings

  • וְנֶפֶשׁ כִּי־תֶחֱטָא ("And if a person sins") – Rashi explains that this refers to a person who fails to testify when they are obligated to do so, thereby committing a sin of omission.
  • קוֹל אָלָה ("voice of adjuration") – The Talmud (Shevuot 35a) interprets this as a public proclamation or warning administered by the court, demanding that witnesses come forward with relevant testimony.
  • עֵד אוֹ רָאָה אוֹ יָדָע ("a witness, whether he has seen or known") – The Rambam (Hilchot Edut 1:1) clarifies that a witness must testify if they have either seen the event firsthand or know pertinent information, even if indirectly.
  • וְנָשָׂא עֲוֺנוֹ ("then he shall bear his iniquity") – The Sefer HaChinuch (Mitzvah 121) explains that this refers to the spiritual and legal consequences of withholding testimony, including potential divine punishment.

Halachic Implications

According to the Shulchan Aruch (Choshen Mishpat 28:1), a witness who refuses to testify when summoned by a Beit Din (Jewish court) violates a Torah prohibition. The Mishnah in Sanhedrin (7b) further elaborates that failure to testify can lead to liability for damages if silence results in harm to another party.

Moral and Ethical Lessons

The Midrash Tanchuma (on this verse) emphasizes that withholding testimony undermines justice and allows wrongdoing to persist. The obligation to testify is not merely a legal requirement but a moral duty to uphold truth and righteousness in society. The Or HaChaim adds that one who fails to testify shares in the guilt of the original sin, as their silence enables its continuation.

Practical Application

  • A witness must come forward when they possess relevant information, whether in a court of law or in matters requiring moral clarity.
  • Even if not formally summoned, one should not remain silent when testimony could prevent injustice.
  • The principle extends beyond legal testimony to broader ethical responsibilities—speaking up against falsehood and wrongdoing in all aspects of life.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Shevuot 39a
The verse is discussed in the context of the laws of oaths and testimony, particularly regarding the obligation to testify when one has knowledge of a matter.
📖 Sanhedrin 37b
The verse is referenced in a discussion about the importance of bearing witness and the consequences of withholding testimony.

Frequently Asked Questions

Q: What does Leviticus 5:1 mean?
A: Leviticus 5:1 teaches that if a person witnesses or knows about a wrongdoing and hears a public call for witnesses (an 'oath' or adjuration), they must come forward and testify. If they stay silent, they bear responsibility for the sin of withholding testimony. This is based on the principle that justice requires truthful witnesses (Rashi, Rambam Hilchot Edut 1:1).
Q: Why is speaking up as a witness important in Judaism?
A: In Judaism, bearing witness is a sacred duty because it upholds justice (tzedek). The Talmud (Sanhedrin 37a) emphasizes that one who withholds testimony allows injustice to persist. Rambam (Hilchot Edut 1:1) rules that anyone who can testify must do so when summoned, as silence can enable harm.
Q: What practical lesson can we learn from Leviticus 5:1 today?
A: This verse teaches us the moral responsibility to speak up when we see injustice. Whether in legal matters or everyday life, remaining silent when we can prevent harm makes us partially accountable. The Sages (Midrash Tanchuma Mishpatim 2) connect this to the broader mitzvah of 'Do not stand idly by your neighbor’s blood' (Leviticus 19:16).
Q: Does Leviticus 5:1 apply only in court cases?
A: While the primary context is formal testimony (as discussed in Talmud Shevuot 35a), Jewish tradition extends the principle to any situation where withholding information could cause harm. For example, the Chofetz Chaim applies this idea to ethical speech—we must share necessary information (like warning about danger) even outside court (Sefer Chofetz Chaim, Hilchot Lashon Hara 4:8).
Q: What does 'bearing iniquity' mean in this verse?
A: Rashi explains that 'bearing iniquity' refers to divine accountability for failing to testify. The sinner remains guilty until they repent (Teshuvah) and, if possible, correct their omission. Rambam (Hilchot Teshuvah 1:1) notes that sincere repentance includes confessing the sin and committing to speak up in the future.