Expositor's Bible Commentary (Nicoll)
Numbers 5:5-10
2. ATONEMENT FOR TRESPASS
The enactment of this passage refers to the sin of theft or any other breach of the eighth commandment which involved trespass not only against man, but also against God-"When a man or woman shall commit any sin that men commit to do a trespass against the Lord, and that soul be guilty; then shall they confess their sin which they have done." The statute supplements one given in Leviticus 6:1, omitting some details, but adding the provision that if the person defrauded has died, restitution shall be made to the goel, and if there is no surviving relation, to the priest. The cases specified in Leviticus are those of false dealing in regard to a deposit or a bargain, robbery, oppression, -probably in the way of withholding hire from a labourer, -finding what was lost and denying it; but in each instance false swearing is added to the offence and constitutes it a trespass against the Lord. Restitution to man must be made by returning the amount and one-fifth in addition; to God by bringing a ram without blemish, with which the priest makes atonement.
In this statute the punishment does not seem severe. But the penalty is imposed after confession when the offence has been for some time undetected. The ordinary law required for the theft of an ox, if the animal had not been slaughtered, double restitution; and if it had been slaughtered or sold, fivefold restitution. In the case of a sheep slaughtered or sold the restitution was to be fourfold. Confession of the theft, according to the present statute, diminishes the penalty.
Noticeable particularly is the provision for atonement, which is nowhere else admitted in connection with a serious breach of the moral law. Any offence against the first four commandments was to be punished with death; so also were murder, adultery, and certain other crimes. It might have been expected that false swearing by any one in regard to theft or valuables intrusted to him would add to his guilt. Here, however, by means of the ram of atonement even that offence is apparently expiated. Possibly the confession is held to mitigate the crime. Still the nature of the statute is surprising and exceptional.