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Leviticus 5:22 - Lost item, false oath—sin?

Leviticus 5:22 - ויקרא 5:22

Hebrew Text

אוֹ־מָצָא אֲבֵדָה וְכִחֶשׁ בָּהּ וְנִשְׁבַּע עַל־שָׁקֶר עַל־אַחַת מִכֹּל אֲשֶׁר־יַעֲשֶׂה הָאָדָם לַחֲטֹא בָהֵנָּה׃

English Translation

or have found that which was lost, and have lied concerning it, and have sworn falsely; in any of all these that a man does, sinning in that:

Transliteration

O-matsa aveida ve-kichesh bah ve-nishba al-sheker al-achat mi-kol asher-ya'aseh ha-adam la-chet'o ba-hena.

Hebrew Leining Text

אֽוֹ־מָצָ֧א אֲבֵדָ֛ה וְכִ֥חֶשׁ בָּ֖הּ וְנִשְׁבַּ֣ע עַל־שָׁ֑קֶר עַל־אַחַ֗ת מִכֹּ֛ל אֲשֶׁר־יַעֲשֶׂ֥ה הָאָדָ֖ם לַחֲטֹ֥א בָהֵֽנָּה׃
אֽוֹ־מָצָ֧א אֲבֵדָ֛ה וְכִ֥חֶשׁ בָּ֖הּ וְנִשְׁבַּ֣ע עַל־שָׁ֑קֶר עַל־אַחַ֗ת מִכֹּ֛ל אֲשֶׁר־יַעֲשֶׂ֥ה הָאָדָ֖ם לַחֲטֹ֥א בָהֵֽנָּה׃

🎵 Listen to leining

Parasha Commentary

Context in the Torah

The verse (Vayikra 5:22) appears in the context of the laws of asham gezeilot (guilt offerings for robbery or deception). It describes a scenario where a person finds a lost item, falsely denies possession of it, and then swears falsely to conceal the theft. This is one of several sins requiring a guilt offering (korban asham) for atonement.

Rashi's Explanation

Rashi (Vayikra 5:22) explains that this verse refers to someone who:

  • Finds a lost item (o matza aveidah) – The item comes into their possession legitimately at first.
  • Denies finding it (vechichesh bah) – They falsely claim not to have it, intending to keep it unlawfully.
  • Swears falsely (venishba al sheker) – They compound the sin by taking an oath to support their lie, invoking Hashem’s name in vain.

Rashi emphasizes that this is a grave transgression because it combines theft with a violation of the Third Commandment (Shemot 20:7).

Rambam's Legal Perspective

In Hilchot Gezeilah Va'Avedah (14:1), the Rambam codifies this law, stating that one who denies possession of a lost item and swears falsely must:

  • Return the item (or its value) to its owner.
  • Bring a guilt offering (asham) to the Beit HaMikdash.
  • Add a fifth of its value (chomesh) as restitution.

The Rambam stresses that the oath intensifies the sin, requiring both material and spiritual reparations.

Talmudic Analysis (Bava Kamma 103b-104a)

The Talmud discusses the severity of this sin, noting that:

  • It violates multiple prohibitions: theft, false denial, and false oath.
  • The phrase "al achat mikol" ("in any of all these") teaches that each component (theft, lie, oath) is independently culpable.
  • The offender is liable even if they later confess voluntarily, highlighting the gravity of misusing Hashem’s name.

Moral Lessons from Midrash

The Midrash (Vayikra Rabbah 6:5) connects this verse to the broader theme of honesty in financial dealings. It teaches:

  • Holding a lost item without returning it is akin to robbery (gezeilah).
  • A false oath in such a case profanes Hashem’s name, as it misrepresents Divine justice.
  • The requirement for a guilt offering underscores that sins between man and man also affect one’s relationship with Hashem.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 103b
The verse is referenced in the context of discussing the laws of lost property and the obligation to return it, highlighting the severity of lying about finding lost items.
📖 Shevuot 39a
The verse is cited in a discussion about the implications of swearing falsely, particularly in cases involving lost property.

Frequently Asked Questions

Q: What does Leviticus 5:22 mean?
A: Leviticus 5:22 discusses the sin of finding a lost item, lying about it, and swearing falsely to deny possession of it. According to Rashi, this verse teaches that denying possession of a lost item with a false oath is a serious transgression that requires repentance and atonement.
Q: Why is returning a lost item important in Judaism?
A: Returning a lost item is a fundamental mitzvah (commandment) in Judaism, as derived from Deuteronomy 22:1-3. The Talmud (Bava Metzia 31a) emphasizes that one must make every effort to return lost property to its owner. Leviticus 5:22 highlights the severity of withholding it dishonestly.
Q: What is the consequence of swearing falsely about a lost item?
A: According to the Rambam (Hilchot Gezeila Va'Aveda 13:1), one who falsely swears about a lost item must confess (vidui), repay the value plus an additional fifth (chomesh), and bring a guilt offering (korban asham) in the times of the Temple. This shows the seriousness of dishonesty in monetary matters.
Q: How does Leviticus 5:22 apply today without the Temple?
A: Even without the Temple, the prohibition against keeping lost items dishonestly remains binding. The Shulchan Aruch (Choshen Mishpat 259:1) rules that one must still return lost items or compensate the owner. Today, repentance (teshuvah) and restitution replace the Temple's atonement process.
Q: What lesson can we learn from this verse about honesty?
A: This verse teaches that honesty in financial matters is essential in Jewish law. The Midrash (Sifra on Leviticus) explains that denying possession of a lost item with a false oath violates both interpersonal and divine trust. It reminds us that integrity applies even when no one is watching.