Sifrei Bamidbar 4

¹(Bamidbar 5:8) "And if the man does not have a redeemer (to whom to return the debt"): R. Yishmael says: Now is there a man in Israel who does not have a redeemer? Scripture (in this instance) is teaching about one who robs a proselyte and swears to him (falsely), after which the proselyte dies — that he pays the principal and the fifth to the Cohanim and the guilt-offering to the altar, (a proselyte, halachically, having no heirs.) R. Nathan says: "And if the man does not have a redeemer": This tells me only of a man. Whence do we derive (the same for) a woman? From "to whom to return the debt," (connoting either man or woman). If so, why is it written "the man"? For a man, a search must be made to determine whether or not he has a redeemer. For a minor, a search need not be made, it being certain that he has no redeemer (i.e., sons who can inherit him). ("And if the man does not have a redeemer":) Abba Chanan says in the name of R. Eliezer. Scripture speaks of the one who was robbed. — But perhaps it speaks of the robber. — (This cannot be, for) "to whom to return the debt" proves that it speaks of the one who is robbed. "the debt (ha'asham) which is returned": Scripture here speaks of money (and not of the guilt-offering proper). — But perhaps it does speak of the guilt-offering proper! — (This cannot be, for) "aside from the ram of atonement whereby atonement shall be made for him" speaks of this. How, then, am I to understand "ha'asham which is returned to the L-rd"? As referring to money (i.e., the principal and the fifth). "is the L-rd's to the Cohein": The L-rd has acquired it and He has given it to the Cohanim of the officiating watch. — But perhaps he can give it to any Cohein he wishes! — It is, therefore, written "aside from the ram of atonement whereby atonement shall be made for him." (He gives it) to those who make atonement for him by it — the men of the watch. ²If the thief (himself) were a Cohein, I might think that he acquires it. And this would follow a fortiori, viz.: If he acquires that of others, shall he not acquire what is his own! (That is, if others had stolen from the proselyte, who died without heirs, the Cohein acquires that theft. How much more so does he acquire the theft which he already possesses!) R. Nathan phrased it otherwise, viz.: If something which I do not acquire until it comes into my hand (i.e., ma'aser, and terumath ma'aser), another cannot acquire and take it from me, then something which I do acquire before it comes into my hand (i.e., what has been stolen from a proselyte without heirs), then when it does come into my hand, how much more so (does it follow) that another cannot acquire it and take it from me! — No, this may be true of something which he does not acquire until it comes into his hand, for just as he has no portion in it, so, others have no portion in it. But would you say the same for this (what has been stolen from a proselyte)? Just as he has a portion in it, so, others have a portion in it, and since this is so, it follows that it should be taken from his hand and be apportioned among the men of the officiating watch. ³Whence is it derived that if one steals from a proselyte and swears (falsely) to him and goes to bring the money and the guilt-offering and does not manage to bring them before the proselyte dies — (Whence is it derived that his heirs are exempt (from the guilt-offering)? From "aside from the ram of atonement with which atonement shall be made for him." (And in the above situation, his death has atoned for him.) Thus did R. Akiva teach before he came from Zifron. When he came from Zifron he said: If he gave the money to the men of the watch and then the proselyte died, the heirs do not retrieve it from the Cohein, and I pronounce over him (the giver) (Ibid. 10) "Whatever a man gives to the Cohein, to him (the Cohein) shall it be." The Cohein says to the heir: Bring a guilt-offering and it will be sacrificed, and he (the heir) says: "whereby atonement shall be made for him" — to exclude (from the guilt-offering) one who died, whose death has atoned for him. ⁴"aside from the ram of atonement": From "Whatever a man gives to the Cohein, to him (the Cohein) shall it be," do you say that if he gave the money to (the watch of) Yehoyariv and (afterwards) the guilt-offering to (that of) Yedayah, he has fulfilled his obligation and I pronounce over him (the giver) "Whatever a man gives to the Cohein, to him shall it be," or even if he gave the guilt-offering (first) to Yehoyariv, and (then) the money to Yedayah, he has fulfilled his obligation and I pronounce over him "Whatever a man gives to the Cohein, to him shall it be"? It is, therefore, written "aside from the ram of atonement whereby atonement shall be made for him" (and there is no atonement until the money has been returned.) But, (in the above instance), if the animal to be offered is still alive, it is sacrificed by (the watch of) Yedayah, and he (the giver) is told to offer another offering and give it to Yedayah (sic. [Yehoyariv?])