John Gill Commentary Leviticus 6

And the Lord spoke to Moses
Continuing his speech with him, for the same law of the trespass offering is still discoursed of, only with respect to different persons:

saying :
as follows.

If a soul sin, and commit a trespass against the Lord
All sin is against the Lord, contrary to his nature and will, and a transgression of his law; but some sins are more apparently so than others, and against which he expresses greater indignation and abhorrence, being attended also with very aggravating circumstances, as these that follow; which are such as are not only contrary to the will of God, but to the good of society, and tend to the subversion of it, of which he is the founder and supporter, and especially when he is sworn by, and appealed to as a witness, in a case not only injurious but false:

and lie unto his neighbour in that which was delivered him to keep ;
whether money or goods, or any living creature, sheep, cow, horse and should deny that ever anything was delivered to him, and take his oath upon it; which is a very grievous crime, and not to go unpunished, as was known by the light of nature, and declared by the Heathen oracle ^F8;

and yet there was to be a trespass offering to make atonement for such a sin: Jarchi thinks, by his neighbour is meant a third person between them; but if that third person was a witness of the goods being delivered, there would have been no occasion of an oath, as follows: the case supposed seems to be, when anything was delivered to the care and custody of another, without the knowledge of any but the person that delivered it, and he to whom it was delivered; who retaining it for his own use, embezzling the goods, and acting the unfaithful part, affirms to the owner he never had anything of him, and so lies to him, and to that lie adds an oath of perjury:

or in fellowship ;
in partnership; as, for instance, having received money belonging to them both, denies he ever received any, and so cheats his partner of what was his due, and being put to his oath, takes it: or, "in putting of the hand" ^F9 , as persons usually do when they enter into fellowship or partnership, they give each other their hand in token of it; or in putting anything into the hand, as money to trade with, and he denies he received any; or by way of purchase for anything bought, and the person of whom the purchase is made affirms the purchaser never put anything into his hand, or paid him anything, but insists upon being paid again;

or in a way of lending, as Jarchi and Ben Gersom, because then money is put into the hand of him that receives it, and, in the case supposed, the borrower denies that ever any was put into his hand, or he borrowed any; and being called upon to swear, swears falsely:

or in a thing taken away by violence ;
without the will and knowledge of the owner; privately and secretly, but being suspected, is challenged with it, and denying it, is made to swear, which he does falsely:

or has deceived his neighbour ;
cheated him in trade and commerce, defrauded him in business, extorted money from him; or by calumny and false accusation got anything out of his hands, see (Luke 19:8) or by detaining the wages of the hireling; so Jarchi and Ben Gersom.

FOOTNOTES:

• F8: "Spartano cuidam respondit" Juvenal. Satyr. 13. prope finem.
• F9: (dy tmwvtb) "in positione manus", Montanus.

Or have found that which was lost, and lieth concerning it ,
&c.] Who having found anything lost, at once concludes it his own, and converts it to his own use, never inquiring after the proprietor of it, or taking any method to get knowledge of him, and restore it to him; but so far from that, being suspected of finding it, and charged with it denies it:

Maimonides ^F11 gives a reason why a lost thing should be restored, not only because so to do is a virtue in itself praiseworthy, but because it has a reciprocal utility; for if you do not restore another's lost things, neither will your own be restored to you:

and sweareth falsely ;
which is to be understood, not of the last case only, but of all the rest, or of anyone of them, as it follows:

in any of all these that a man does, sinning therein ;
by unfaithfulness in a trust, cheating, defrauding, lying, and false swearing.

FOOTNOTES:

• F11: Moreh Nevochim, par. 3. c. 40.

Then it shall be, because he has sinned and is guilty ,
&c.] Owns his guilt through remorse of conscience, and makes a confession of it; or otherwise, upon conviction, without such confession he was to pay double, see (Exodus 22:7–9) whereas, in this case it is only ordered,

that he shall restore that which he took violently away :
whether money, goods, or cattle:

or the thing which he has deceitfully gotten ;
by outwitting him, by extortion, by false accusation, or detention of wages:

or that which was delivered him to keep ;
in which he was unfaithful to his trust, be it what it will:

or the lost thing which he found ;
and denied he had it.

Or all that about which he has sworn falsely
In all and each of the above cases, in which he had committed a trespass and denied it, and to the denial adds a false oath, and yet after all acknowledges it:

he shall even restore it in the principal ;
whatsoever he has embezzled, or cheated another of, or detained from the right owner, the whole of that was to be restored:

and shall add the fifth part more thereto ;
to the principal, see (Leviticus 5:16) but Maimonides ^F12 says, this was an instruction to add a fifth to a fifth; and Aben Ezra takes the word to be plural, and observes, that the least of many is two, and so two fifths were to be added to the principal, but the first sense seems best:

[and] give it unto him to whom appertains ;
as, to his neighbour, who had deposited anything in his hands; or his partner, he had any ways wronged; or whomsoever he had defrauded in any respect; or the proprietor of lost goods; Ben Gersom observes, it was not to be given to his son, nor to his messenger:

in the case of taking anything away by violence, though but the value of a farthing, it is said, that he shall be obliged to bring it after him (from whom he has taken it) even unto Media (should he be there); he shall not give it to his son, nor to his messenger, but he may give it to the messenger of the sanhedrim; and if he dies, he must return it to his heirs ^F13 :

in the day of his trespass [offering] ;
when he brings that, but restoration must first be made: the Targum of Jonathan renders it, in the day he repents of his sin: and so Aben Ezra interprets it,

``in the day he returns from his trespass;''

when he owns and confesses it, is sorry for it, and determines to do so no more. Maimonides observes ^F14 , that one that takes away anything by violence (which is one of the cases supposed) is not fined so much as a thief; he only restores the principal; for the fifth part is for his false oath;

the reasons of which are, because robbery is not so frequently, and is more easily committed, and is more open, and against which persons may guard and make resistance, and the robber is more known than a thief who steals secretly; see (Exodus 22:1) .

FOOTNOTES:

• F12: In Misn. Trumot, c. 6. sect. 1.
• F13: Misnah Bava Kama, c. 9. sect. 6.
• F14: Ut supra, (^F12) c. 41.