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Leviticus 5:24 - Sworn falsely? Restore plus fifth!

Leviticus 5:24 - ויקרא 5:24

Hebrew Text

אוֹ מִכֹּל אֲשֶׁר־יִשָּׁבַע עָלָיו לַשֶּׁקֶר וְשִׁלַּם אֹתוֹ בְּרֹאשׁוֹ וַחֲמִשִׁתָיו יֹסֵף עָלָיו לַאֲשֶׁר הוּא לוֹ יִתְּנֶנּוּ בְּיוֹם אַשְׁמָתוֹ׃

English Translation

or all that about which he has sworn falsely; he shall even restore it in the principal, and shall add the fifth part more to it, and give it to him to whom it belongs, in the day of his trespass offering;

Transliteration

O mi-kol asher yishava alav la-sheker ve-shilam oto be-rosho va-chamishitav yosef alav la-asher hu lo yitnenu be-yom ashmato.

Hebrew Leining Text

א֠וֹ מִכֹּ֞ל אֲשֶׁר־יִשָּׁבַ֣ע עָלָיו֮ לַשֶּׁ֒קֶר֒ וְשִׁלַּ֤ם אֹתוֹ֙ בְּרֹאשׁ֔וֹ וַחֲמִשִׁתָ֖יו יֹסֵ֣ף עָלָ֑יו לַאֲשֶׁ֨ר ה֥וּא ל֛וֹ יִתְּנֶ֖נּוּ בְּי֥וֹם אַשְׁמָתֽוֹ׃
א֠וֹ מִכֹּ֞ל אֲשֶׁר־יִשָּׁבַ֣ע עָלָיו֮ לַשֶּׁ֒קֶר֒ וְשִׁלַּ֤ם אֹתוֹ֙ בְּרֹאשׁ֔וֹ וַחֲמִשִׁתָ֖יו יֹסֵ֣ף עָלָ֑יו לַאֲשֶׁ֨ר ה֥וּא ל֛וֹ יִתְּנֶ֖נּוּ בְּי֥וֹם אַשְׁמָתֽוֹ׃

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Parasha Commentary

Restitution for False Oaths

The verse (Vayikra 5:24) discusses the obligation of one who swears falsely regarding a monetary claim or denial. The Torah requires full restitution plus an additional fifth (חומש) as a penalty, followed by bringing an asham (trespass offering).

Key Components of the Law

  • Restitution of Principal (בראשו): Rashi explains that the thief must return the exact object stolen if it still exists (גזל קיימת). If not, he must repay its monetary value (Bava Kama 65a).
  • Adding a Fifth (וחמישיתיו יוסף): Rambam (Hilchot Gezeila 1:9) rules this is one-fifth of the total repayment (i.e., 25% of the principal), calculated after the principal is returned.
  • Recipient (לאשר הוא לו יתננו): The Sifra emphasizes the item must be returned specifically to its rightful owner, not to heirs or others.
  • Timing (ביום אשמתו): Ibn Ezra notes this refers to the day the sinner recognizes his guilt and resolves to repent, not necessarily the calendar day of the sin.

Spiritual Dimensions

The Midrash (Vayikra Rabbah 6:5) connects this law to the broader concept of teshuva (repentance). The additional fifth serves not just as a fine, but as atonement for the desecration of Hashem's Name through a false oath. The asham offering completes the atonement process after financial restitution.

Legal Nuances

The Talmud (Kritut 11a) discusses cases where the fifth is not required, such as when one denies a deposit (פיקדון) rather than stealing outright. The Shulchan Aruch (Choshen Mishpat 363:6) codifies that the fifth is only added when one falsely swears in court to deny a monetary obligation.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 104a
The verse is discussed in the context of restitution for false oaths, particularly regarding the requirement to repay the principal plus an additional fifth.
📖 Shevuot 8b
The verse is referenced in discussions about the laws of oaths and the penalties for swearing falsely.

Frequently Asked Questions

Q: What does Leviticus 5:24 mean about false oaths?
A: Leviticus 5:24 teaches that if someone swears falsely about something they owe or have taken, they must repay the original amount plus an additional fifth (20%) as a penalty. This is part of the Torah's laws about restitution and repentance for dishonesty.
Q: Why is adding a fifth (20%) required in Leviticus 5:24?
A: According to Rashi and Talmudic sources (Bava Kama 110a), the additional fifth serves both as a financial penalty and as atonement for the sin of swearing falsely. The extra amount helps rectify the wrongdoing and discourages dishonesty in financial matters.
Q: What is the 'day of his trespass offering' mentioned in Leviticus 5:24?
A: The 'day of his trespass offering' refers to when the person brings their asham (guilt offering) to the Temple as part of the repentance process. The Rambam explains (Hilchot Gezeila 7:1-5) that full repentance requires both returning what was taken (plus the additional fifth) and bringing the required offering.
Q: Does Leviticus 5:24 apply today without the Temple?
A: While we cannot bring trespass offerings without the Temple, the obligation to repay stolen property plus the additional fifth remains in effect according to halacha (Jewish law). The Rambam (Hilchot Teshuva 1:1) emphasizes that financial restitution is an essential part of repentance even today.
Q: What lesson can we learn from Leviticus 5:24 about honesty?
A: This verse teaches the seriousness of financial honesty in Judaism. The Talmud (Shavuot 39a) states that false oaths about money are particularly severe. The requirement to repay with an additional penalty shows how Judaism values complete integrity in business and financial matters.