(1) And hear the voice of swearing.--Better, because he heard the voice of adjuration, and might be a witness, whether he hath seen the offence or known of it, if he doth not tell it. Having laid dawn in the former chapter the regulations about the sin offering, and having shown how these regulations are to be carried out when the offence against the Divine law is inadvertently committed by the spiritual head of the people, by the whole congregation, by the sovereign ruler of the nation, and by the individual members of the community, the lawgiver now proceeds to set forth in Leviticus 5:1-13 of this chapter the trespass offering which every Israelite is to bring when he has violated certain precepts here specified. The first instance adduced is that of failing to come forward as witness after the judicial adjuration has been uttered. It was the duty of every member of the community to aid the authorities in maintaining the integrity of the Divine law. Hence, when an offence was committed which the constituted tribunals were unable to bring home to the offender for want of evidence, a solemn adjuration was addressed by the judge to individual members, to a district, or to the whole community. If after such an adjuration, anyone who was cognizant of the offence failed to come forward to testify what he knew, he was considered in the sight of God as participating in the transgression which he had thus concealed. It is with reference to this law that we are told, "whoso is partner with a thief, hateth his own soul, he heareth cursing and betrayeth it not," i.e., he hears the adjuration of the judges, and yet stifles his evidence, and thus becomes a partner with the culprit. An instance of this adjuration is recorded in Matthew 26:63, where the high priest said to Jesus, "I adjure thee by the living God that thou tell us whether thou be the Christ, the son of God," and it was in recognition of the solemn obligation of this adjuration that Jesus answered the question.
Then he shall bear his iniquity.--Better, and he beareth his iniquity; that is, he is sensible that he bears the load of this guilt, he has become conscious of his sin, without which he could not bring the sacrifice here prescribed. The phrase, "and he beareth his guilt," has the same meaning as and "he," or "they are guilty" in Leviticus 4:13; Leviticus 4:22, &c. Unlike the sins committed inadvertently, spoken of in the preceding chapter, where the sin offering is prescribed, the guilt here described is that of designed and culpable silence, and of deliberately concealing a crime.
Verse 1. - The case of a witness on oath. If a man hear the voice of swearing, that is, if he was one of a number of persons adjured to speak according to the manner in which oaths were administered in Jewish courts of justice (see Matthew 26:63; 2 Chronicles 18:15), and he did not give evidence of what he had seen or heard, he had to bear his iniquity, that is, he was regarded as guilty; and as this was an offense which could be atoned for by a sacrifice, he was to offer as a sin offering a ewe lamb, or a female kid, or two turtle-doves, or two pigeons, or the tenth part of an ephah of flour. This injunction is a direct condemnation of the approved teaching of Italian moral theologians of paramount authority throughout the Roman Church, who maintain that, in case a crime is not known to others, a witness in a court of justice "may, nay, he is bound to, say that the accused has not committed it" (St. Alfonso de' Liguori, 'Theol. Mor.,' 4:154).
5:1-13 The offences here noticed are, 1. A man's concealing the truth, when he was sworn as a witness to speak the truth, the whole truth, and nothing but the truth. If, in such a case, for fear of offending one that has been his friend, or may be his enemy, a man refuses to give evidence, or gives it but in part, he shall bear his iniquity. And that is a heavy burden, which, if some course be not taken to get it removed, will sink a man to hell. Let all that are called at any time to be witnesses, think of this law, and be free and open in their evidence, and take heed of prevaricating. An oath of the Lord is a sacred thing, not to be trifled with. 2. A man's touching any thing that was ceremonially unclean. Though his touching the unclean thing only made him ceremonially defiled, yet neglecting to wash himself according to the law, was either carelessness or contempt, and contracted moral guilt. As soon as God, by his Spirit, convinces our consciences of any sin or duty, we must follow the conviction, as not ashamed to own our former mistake. 3. Rash swearing, that a man will do or not do such a thing. As if the performance of his oath afterward prove unlawful, or what cannot be done. Wisdom and watchfulness beforehand would prevent these difficulties. In these cases the offender must confess his sin, and bring his offering; but the offering was not accepted, unless accompanied with confession and humble prayer for pardon. The confession must be particular; that he hath sinned in that thing. Deceit lies in generals; many will own they have sinned, for that all must own; but their sins in any one particular they are unwilling to allow. The way to be assured of pardon, and armed against sin for the future, is to confess the exact truth. If any were very poor, they might bring some flour, and that should be accepted. Thus the expense of the sin-offering was brought lower than any other, to teach that no man's poverty shall ever bar the way of his pardon. If the sinner brought two doves, one was to be offered for a sin-offering, and the other for a burnt-offering. We must first see that our peace be made with God, and then we may expect that our services for his glory will be accepted by him. To show the loathsomeness of sin, the flour, when offered, must not be made grateful to the taste by oil, or to the smell by frankincense. God, by these sacrifices, spoke comfort to those who had offended, that they might not despair, nor pine away in their sins. Likewise caution not to offend any more, remembering how expensive and troublesome it was to make atonement.
And if a soul sin,.... The soul is put for the person, and is particularly mentioned, as Ben Melech says, because possessed of will and desire:
and hear the voice of swearing; or cursing, or adjuration; not of profane swearing, and taking the name of God in vain, but either of false swearing, or perjury, as when a man hears another swear to a thing which he knows is false; or else of adjuration, either the voice of a magistrate or of a neighbour adjuring another, calling upon him with an oath to bear testimony in such a case; this is what the Jews (r) call the oath of testimony or witness, and which they say (s) is binding in whatsoever language it is heard:
and is a witness; is able to bear witness to the thing he is adjured about:
whether he hath seen or known of it; what he has seen with his eyes, or knows by any means: of such a case, the Jews observe (t), that there may be seeing without knowing, or knowing without seeing, and in either case a man ought to bear witness:
if he do not utter it; tell the truth, declare what he has seen or known:
then he shall bear his iniquity; he shall be charged with sin, and be obliged to acknowledge his offence, and bring a trespass offering for it: it is said (u), that the witnesses are not guilty of the oath of the testimony, but in these ten cases; if they are required; if the testimony is concerning goods; if the goods are movable; if he that requires binds himself to pay for their testimony only, in case they bear witness; if they refuse after required; if they refuse in the sanhedrim; if the adjuration or oath is made there by the name of God, or his titles; if knowledge of the testimony goes before the oath; if he particularizes his witnesses in the time of the oath, or at the time of the requirement; and if the oath is in a language they understood.
(r) Misn. Sotah, c. 7. 1.((s) Maimon. & Bartenora in ib. T. Bab. Sotah, fol. 33. 1.((t) T. Bab. Shebuot, fol. 33. 2. & 34. 1.((u) Maimon. Hilchot, Shebuot, c. 9. sect. 3.
(1) And hear the voice of swearing.--Better, because he heard the voice of adjuration, and might be a witness, whether he hath seen the offence or known of it, if he doth not tell it. Having laid dawn in the former chapter the regulations about the sin offering, and having shown how these regulations are to be carried out when the offence against the Divine law is inadvertently committed by the spiritual head of the people, by the whole congregation, by the sovereign ruler of the nation, and by the individual members of the community, the lawgiver now proceeds to set forth in Leviticus 5:1-13 of this chapter the trespass offering which every Israelite is to bring when he has violated certain precepts here specified. The first instance adduced is that of failing to come forward as witness after the judicial adjuration has been uttered. It was the duty of every member of the community to aid the authorities in maintaining the integrity of the Divine law. Hence, when an offence was committed which the constituted tribunals were unable to bring home to the offender for want of evidence, a solemn adjuration was addressed by the judge to individual members, to a district, or to the whole community. If after such an adjuration, anyone who was cognizant of the offence failed to come forward to testify what he knew, he was considered in the sight of God as participating in the transgression which he had thus concealed. It is with reference to this law that we are told, "whoso is partner with a thief, hateth his own soul, he heareth cursing and betrayeth it not," i.e., he hears the adjuration of the judges, and yet stifles his evidence, and thus becomes a partner with the culprit. An instance of this adjuration is recorded in Matthew 26:63, where the high priest said to Jesus, "I adjure thee by the living God that thou tell us whether thou be the Christ, the son of God," and it was in recognition of the solemn obligation of this adjuration that Jesus answered the question.
Then he shall bear his iniquity.--Better, and he beareth his iniquity; that is, he is sensible that he bears the load of this guilt, he has become conscious of his sin, without which he could not bring the sacrifice here prescribed. The phrase, "and he beareth his guilt," has the same meaning as and "he," or "they are guilty" in Leviticus 4:13; Leviticus 4:22, &c. Unlike the sins committed inadvertently, spoken of in the preceding chapter, where the sin offering is prescribed, the guilt here described is that of designed and culpable silence, and of deliberately concealing a crime.
and hear the voice of swearing; or cursing, or adjuration; not of profane swearing, and taking the name of God in vain, but either of false swearing, or perjury, as when a man hears another swear to a thing which he knows is false; or else of adjuration, either the voice of a magistrate or of a neighbour adjuring another, calling upon him with an oath to bear testimony in such a case; this is what the Jews (r) call the oath of testimony or witness, and which they say (s) is binding in whatsoever language it is heard:
and is a witness; is able to bear witness to the thing he is adjured about:
whether he hath seen or known of it; what he has seen with his eyes, or knows by any means: of such a case, the Jews observe (t), that there may be seeing without knowing, or knowing without seeing, and in either case a man ought to bear witness:
if he do not utter it; tell the truth, declare what he has seen or known:
then he shall bear his iniquity; he shall be charged with sin, and be obliged to acknowledge his offence, and bring a trespass offering for it: it is said (u), that the witnesses are not guilty of the oath of the testimony, but in these ten cases; if they are required; if the testimony is concerning goods; if the goods are movable; if he that requires binds himself to pay for their testimony only, in case they bear witness; if they refuse after required; if they refuse in the sanhedrim; if the adjuration or oath is made there by the name of God, or his titles; if knowledge of the testimony goes before the oath; if he particularizes his witnesses in the time of the oath, or at the time of the requirement; and if the oath is in a language they understood.
(r) Misn. Sotah, c. 7. 1.((s) Maimon. & Bartenora in ib. T. Bab. Sotah, fol. 33. 1.((t) T. Bab. Shebuot, fol. 33. 2. & 34. 1.((u) Maimon. Hilchot, Shebuot, c. 9. sect. 3.