Parshas Naso 5785

Denying Denial

The Torah tells us: “A man or woman who commit any of man’s sins, by committing treachery toward Hashem, and that person becomes guilty; They shall confess the sin that they committed; he shall make restitution for his guilt in its principal amount and add its fifth to it and give it to the one to whom he is indebted.” (Bamidbar 5:6-7). The “treachery” that the Torah speaks of here, explains Rashi, includes a case where someone is entrusted with an item for safekeeping and later denies receiving it. Worse still, the custodian swears falsely to support the denial.

The Torah tells us that there are severe consequences to this “treachery”. The person who falsely denied under oath that he had been given a deposit must not only confess his sin and return the object but must also pay an additional fifth of its value “to the one to whom he is indebted.” The Rambam clarifies that not only must the sinner pay the extra fifth, but he also must bring a sacrifice - the אשם גזלות (the guilt offering of robbery). The Rambam adds one important qualification:

“A person who takes a false oath denying a financial claim is not liable to pay an additional fifth unless he himself admits his guilt. If, however, witnesses come and despite his continued denial establish his guilt through their testimony, he is liable to pay only the principal, but not the additional fifth.” (Hilchos Gezeilah V’Aveidah 7:8).

The Rambam’s formulation is puzzling. The one who stubbornly denies wrongdoing, forcing the victim to produce witnesses, escapes paying the fifth and avoids the obligation to bring a sacrifice. Yet the repentant individual who admits his guilt does have to pay extra and offer a sacrifice. Why should the sincere penitent seem to be penalized while the unrepentant deceiver escapes these extra obligations? It seems that the Torah is punishing the repentant sinner and rewarding the evil sinner.

The answer is that the Torah offers a totally different perspective. The additional fifth and the sacrifice are not penalties; they are part of a process of atonement. They provide a way for the sinner to reconnect with both Hashem and the person he wronged. But that process only begins when the individual acknowledges his guilt. Without confession, there is no forgiveness, and thus, no benefit in the offering or the restitution. (Rambam Ibid.).

As the Rambam emphasizes elsewhere (Hilchos Tshuvah 2), atonement is only achieved when a person truly changes. A person who is unwilling to admit to wrongdoing has no foundation for growth and positive change. He is certainly unworthy to bring a korban (sacrifice) which would bring him closer to Hashem.

We see that the Torah’s way is not to punish but to transform us into better human beings. When a wrongdoer takes personal responsibility, admits mistakes, provides restitution and brings a sacrifice, he can grow ethically and spiritually.

As we reflect on this, we are reminded that Hashem desires our growth. When we hurt others, it is not enough to simply move on. We must admit our failings, take responsibility and make amends. In doing so, not only are we granted Divine forgiveness, but we also become better, more righteous individuals.