share torah logo

Leviticus 5:23 - Repentance requires full restitution.

Leviticus 5:23 - ויקרא 5:23

Hebrew Text

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׃

English Translation

then it shall be, because he has sinned, and is guilty, that he shall restore that which he took violently away, or the thing which he has deceitfully acquired, or that which was delivered him to keep, or the lost thing which he found,

Transliteration

Vehayah ki-yechetah ve'ashem veheshiv et-hagezela asher gazal o et-ha'oshek asher ashak o et-hapikadon asher hufkad ito o et-ha'aveda asher matza.

Hebrew Leining Text

וְהָיָה֮ כִּֽי־יֶחֱטָ֣א וְאָשֵׁם֒ וְהֵשִׁ֨יב אֶת־הַגְּזֵלָ֜ה אֲשֶׁ֣ר גָּזָ֗ל א֤וֹ אֶת־הָעֹ֙שֶׁק֙ אֲשֶׁ֣ר עָשָׁ֔ק א֚וֹ אֶת־הַפִּקָּד֔וֹן אֲשֶׁ֥ר הׇפְקַ֖ד אִתּ֑וֹ א֥וֹ אֶת־הָאֲבֵדָ֖ה אֲשֶׁ֥ר מָצָֽא׃
וְהָיָה֮ כִּֽי־יֶחֱטָ֣א וְאָשֵׁם֒ וְהֵשִׁ֨יב אֶת־הַגְּזֵלָ֜ה אֲשֶׁ֣ר גָּזָ֗ל א֤וֹ אֶת־הָעֹ֙שֶׁק֙ אֲשֶׁ֣ר עָשָׁ֔ק א֚וֹ אֶת־הַפִּקָּד֔וֹן אֲשֶׁ֥ר הׇפְקַ֖ד אִתּ֑וֹ א֥וֹ אֶת־הָאֲבֵדָ֖ה אֲשֶׁ֥ר מָצָֽא׃

🎵 Listen to leining

Parasha Commentary

Overview of the Verse

This verse from Vayikra (Leviticus) 5:23 addresses the obligation of a person who has committed theft or deceit to make restitution. The Torah outlines four specific categories of wrongful acquisition that require teshuvah (repentance) and repayment. The verse emphasizes the seriousness of these sins and the necessity of returning what was taken unjustly.

Four Categories of Theft or Deceit

  • Gezeilah (Violent Theft) - Taking property by force or intimidation. Rashi (on Vayikra 5:21) explains that this refers to outright robbery, where the thief seizes an item against the owner's will.
  • Oshek (Deceitful Acquisition) - Withholding money or property that rightfully belongs to another, such as refusing to pay wages or failing to return a loan. The Rambam (Hilchot Gezeilah Va'Avedah 1:1) clarifies that this includes any form of financial oppression or fraud.
  • Pikadon (Misappropriation of a Deposit) - Failing to return an item entrusted for safekeeping. The Talmud (Bava Metzia 42a) discusses the stringent laws governing one who denies holding a deposit.
  • Avedah (Finding and Keeping Lost Property) - Retaining a lost item instead of returning it to its rightful owner. The Chofetz Chaim (in Shemirat HaLashon) emphasizes that this also includes failing to make an effort to locate the owner.

Halachic Requirements for Restitution

According to the Rambam (Hilchot Teshuva 1:1), true repentance for theft requires three steps:

  • Vidui (Confession) - Admitting the sin before Hashem.
  • Returning the Stolen Item or Its Value - As the verse states, "he shall restore that which he took." The Shulchan Aruch (Choshen Mishpat 363:6) rules that if the item is no longer in existence, monetary compensation must be provided.
  • Charatah (Sincere Regret) - Resolving never to repeat the transgression.

Moral and Spiritual Implications

The Sforno (on Vayikra 5:23) teaches that theft is not merely a financial crime but a violation of trust between people and a desecration of Hashem's name. The Midrash (Vayikra Rabbah 6:5) compares one who steals to an idolater, as both deny Divine providence. The obligation to return stolen property is thus not only a legal requirement but a spiritual rectification.

Additional Stringencies in Repayment

The Gemara (Bava Kamma 94b) states that if the stolen item increased in value, the thief must return the appreciated amount. Furthermore, if the victim suffered additional losses due to the theft (such as lost business opportunities), the thief may be liable for further compensation (Rambam, Hilchot Chovel U'Mazik 7:1).

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 104b
The verse is referenced in the discussion about the obligation to return stolen property and the different categories of theft mentioned in the Torah.
📖 Bava Metzia 34a
The verse is cited in the context of discussing the laws of returning lost property and the responsibilities of a bailee.

Frequently Asked Questions

Q: What does Leviticus 5:23 teach us about repentance?
A: Leviticus 5:23 teaches that true repentance (teshuvah) requires not only feeling remorse but also making amends. According to Rashi and the Talmud (Bava Kamma 94b), one must return stolen or wrongfully acquired property to the rightful owner as part of the repentance process. This demonstrates that repentance involves both spiritual and practical steps.
Q: What types of wrongdoing does Leviticus 5:23 address?
A: The verse specifies four categories of wrongdoing: 1) outright theft ('that which he took violently'), 2) deceitful acquisition ('the thing which he has deceitfully acquired'), 3) failure to return entrusted property ('that which was delivered him to keep'), and 4) keeping lost property one found ('the lost thing which he found'). The Rambam (Hilchot Gezeila 1:1) explains that all these involve misappropriating others' property and require restitution.
Q: Why is returning stolen property so important in Judaism?
A: Returning stolen property is fundamental because Judaism views theft as a violation between people and between a person and Hashem. The Talmud (Yoma 86a) teaches that sins between people cannot be fully atoned for on Yom Kippur until one makes amends with the wronged party. This verse emphasizes that keeping stolen goods blocks spiritual growth and reconciliation.
Q: How does Leviticus 5:23 apply to finding lost items today?
A: This verse forms the basis for the mitzvah of hashavat aveidah (returning lost items) which applies today. The Shulchan Aruch (Choshen Mishpat 259) details extensive laws about returning lost objects based on this verse. Even if one finds something valuable, keeping it without attempting to return it to its owner violates this Torah commandment.
Q: What if the owner of stolen property can't be found?
A: The Mishnah (Bava Kamma 9:12) rules based on this verse that if the original owner cannot be found or has died, the stolen property or its value must be given to the owner's heirs. If even heirs cannot be found, Rambam (Hilchot Gezeila 8:8) states the money goes to tzedakah (charity) as a form of restitution to the community.