Charles Ellicott Commentary Leviticus 5

And hear the voice of swearing. —Better, because he heard the voice of adjuration, and might be a witness, whether he has seen the offence or known of it, if he does not tell it.

Having laid down 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 prove against the offender for lack 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 aware 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 aware 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 “he,” or “they are guilty” in Leviticus 4:13, Leviticus 4:22, and other similar verses. 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.

Or if a soul touch any unclean thing. —The second instance presented which requires this sacrifice is the case of anyone touching the dead body of a clean animal, or the living or dead body of an unclean animal or reptile.

And if it be hidden from him. —That is, if he, through carelessness, forgot that he had contracted this defilement; as the Vulgate rightly paraphrases it, “and forgets his uncleanness.” The touching of a carcass simply involved uncleanness until evening, which the washing of the person and his garments thus defiled sufficed to remove (Leviticus 11:24; Leviticus 11:31). It was only when thoughtlessness made him forget his duty, and when reflection brought to his mind and conscience the violation of the law, that he was required to confess his sin and bring a trespass offering.

He also shall be unclean, and guilty. —Better, and he is unclean, and acknowledges that he is guilty (Leviticus 4:22). The Greek Version, called the Septuagint, which is the most ancient translation of the Hebrew Scriptures, omits altogether the latter part of this verse, which is represented in the Authorized Version by and if it be hidden from him, he also shall be unclean and guilty, thus showing that the Hebrew manuscript or manuscripts from which this old version was made did not have this clause. This is, moreover, supported by the fact that it needlessly anticipates the summary formula of the next verse, which continues the subject, and where it appears in its proper place.

Or if he touch the uncleanness of man. — The various classes of defilement that a human being might contract and impart to others by contact are set forth in Leviticus 12-15.

When he knoweth of it, then he shall be guilty. — Better, and he knoweth it, and feeleth that he is guilty. That is, he afterwards becomes conscious that he has contracted the defilement, and feels his guilt. (See Leviticus 5:2.)

Pronouncing with his lips. —Better, speaking heedlessly with his lips. That is, if he uttered an oath in thoughtlessness or in passion, without his heart realising it, that he will do this or that.

To do evil, or to do good. —That is, anything whatever which is comprehended under the name good and evil, as these two categories are idiomatically used to embrace all human action. (Genesis 31:24; Numbers 24:13; Isaiah 51:23.)

Whatsoever it be that a man shall pronounce with an oath. —Better, that a man heedlessly utters with an oath. That is, anything that a man may rashly or thoughtlessly undertake to do, or to abstain from doing, with an oath.

And it be hid from him. —That is, if through this careless way in which it was done, he forgot all about it. (See Leviticus 5:2.)

When he knoweth of it ... — Better, and he then considers it, and acknowledges that he is guilty (Leviticus 4:22; Leviticus 5:2, and so on), in one of these things with regard to which a man may rashly swear that he will do or not do them, and contract guilt.

And it shall be, when ... — When he feels that he has been guilty of one of these sins specified in Leviticus 5:1-4, he must confess the offence which he has committed. For the form of confession which obtained during the second Temple, see Leviticus 1:4.