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Commandment #154 · Positive · Social & Ethical Laws

When He Shall Be Guilty: The Shape of Teshuvah

תְּשׁוּבָה
Source: Leviticus 5:5  ·  Maimonides, Sefer HaMitzvot, Positive #73

Leviticus 5:5 sets the sequence: 'when he shall be guilty... he shall confess that he hath sinned.' The offering that follows confession is important, but it is secondary — confession must come first. Numbers 5:7 adds the restitution layer: verbal turning must be accompanied by material repair. These two verses together give Maimonides the structure of his entire 'Laws of Repentance' in the Mishneh Torah: awareness, confession, repair, and — ultimately — a changed choice.

When He Shall Be Guilty, He Shall Confess

וְהָיָה כִי יֶאְשַׁם לְאַחַת מֵאֵלֶּה וְהִתְוַדָּה אֲשֶׁר חָטָא עָלֶיהָ
"And it shall be, when he shall be guilty in one of these things, that he shall confess that he hath sinned in that thing:"

Leviticus 5:5 comes at the close of the guilt-offering (asham) section. When a person becomes aware of guilt — 'when he shall be guilty' — the sequence the verse describes is recognition, then confession, then the offering. Maimonides understood this as establishing the shape of repentance itself: awareness of sin, verbal acknowledgment (vidui), and turning. The offering can only be brought after the confession, not before it.

The full Leviticus 5 context (verses 1–6) lists four categories: failing to testify, touching unclean things, rashly swearing. What unites them is that guilt may accumulate without the person initially realizing it — 'and if he be guilty in one of these' (Leviticus 5:4). Repentance begins the moment awareness arrives.

Then They Shall Confess Their Sin and Make Restitution

וְהִתְוַדּוּ אֶת חַטָּאתָם אֲשֶׁר עָשׂוּ וְהֵשִׁיב אֶת אֲשָׁמוֹ בְּרֹאשׁוֹ וַחֲמִישִׁתוֹ יֹסֵף עָלָיו
"Then they shall confess their sin which they have done: and he shall recompense his trespass with the principal thereof, and add unto it the fifth part thereof."

Numbers 5:7 adds the restitution dimension: confession (“they shall confess their sin”) is followed immediately by “he shall recompense his trespass” with an added fifth. This is the commandment's interpersonal face: sin that harms another person is not resolved by words alone. The verbal turning must be accompanied by material restitution — a principle that makes repentance both spiritual and practical.

The movement of teshuvah traced across these two verses — guilt recognized (Lev 5:5), confessed verbally (Num 5:7), and materially repaired where possible — becomes the backbone of Maimonides' 'Laws of Repentance' in the Mishneh Torah. He argues that repentance is complete only when, placed in the same circumstances, a person chooses differently. The restitution of Numbers 5:7 is not merely a fine; it is the first concrete evidence that the turning is real.

Key Figures

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David
When the prophet Nathan confronted David after the sin with Bathsheba, David's immediate response was 'I have sinned against the LORD' (2 Samuel 12:13). His verbal confession precedes all other consequences — and Nathan immediately declares 'the LORD also hath put away thy sin.' David's pattern matches Leviticus 5:5's structure exactly.
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The Returning Son
Luke 15:18–19's 'I will arise and go to my father, and will say unto him, Father, I have sinned' (Luke 15) follows the teshuvah pattern of Lev 5:5: awareness ('came to himself'), verbal intention of confession, and physical return. The parable is the NT illustration of this commandment's inner logic.

Study Questions

For reflection and group study
What sequence does Leviticus 5:5 establish for responding to guilt — and why does confession precede the offering?
What four categories does Leviticus 5:1–4 describe as sources of guilt one may not immediately notice?
How does Numbers 5:7 add a material dimension to the verbal confession of Leviticus 5:5?
What does Maimonides argue is the test of complete repentance, beyond verbal confession and restitution?
How does David's 'I have sinned against the LORD' in 2 Samuel 12:13 demonstrate the structure of Leviticus 5:5?

Read the full passage on repentance in the Torah reader.

Open Leviticus 5 in the Bible Reader