ואם אין לאיש ג אל להשיב האשם אליו האשם המושב ה' לכהן מלבד איל הכפרים אשר יכפר בו עליו
But if the man has no relatives to whom restitution may be made for the guilt, the restitution for guilt which is made shall be to G-d (i.e.) to the priest; besides the ram of the atonement, whereby atonement shall be made for him. (Bemidbar 5,8)
When a person steals something, he is required to return the stolen item to its rightful owner, as it says in VaYikra 5,23. If, in addition to stealing the item, the גזלן swore that he hadn’t stolen but then admits that he did, indeed, steal, he must pay a the value of the item plus a חומש (which the Chaza”l tell us means an additional fourth) plus bring a קרבן אשם for his transgression.
The return of the stolen item must be made to the original owner. If the owner has died, the thief is required to return the stolen item to the owner’s nearest relative. Generally speaking, everybody has relatives in some way and it is, therefore, possible to return the item.
But one type of Yid can possibly die without relatives and that is a גר (a convert). If after undergoing conversion, a convert doesn’t marry and have children, it is possible to die with no relatives at all; since the relatives he had before his conversion are no longer considered related due to the rule that when a person converts, it is as if he was born anew. If so, to whom does the thief return the stolen item?
The Torah tells us that in this case the stolen item plus the “fifth” are given to the Cohanim. This case is called גזל הגר (stolen items from a convert with no relatives). This payment is one of the twenty-four types of gifts that a Cohen receives. Chaza”l learnt that להשיב האשם אליו refers to the stolen item; המושב האשם refers to the חומש and the הכפורים איל refers to the קרבן that has to be brought.
There are many interesting halachos pertaining to the return of the stolen items of a convert due to its being described as an “Asham” even though it is not an actual korban.
- Rashi (Bava Kama 110) says that if גזל הגר is returned at night it would be invalid, similar to a קרבן if brought at night. The מאירי adds that it is required to return it during the day so that it should be returned in public.
- One cannot pay back גזל הגר in partial payments just like a korban cannot be brought in parts.
- The ים של שלמה says, in explanation of תוספות, that one cannot return גזל הגר outside Yerushalayim similar to a korban which cannot be brought outside Yerushalayim. (But it may be used by a Cohen outside Yerushalayim after having been received in Yerushalayim). However, the Rambam and others disagree and say it may be given to the Cohen in Yerushalayim.
- גזל הגר may not be given to just any Cohen but, similar to a korban, must be given to the Cohanim of the Mishmar serving that week in the Bais haMikdash at the time of the return of the גזל הגר.
- If the גזלן sets aside the korban to be brought and also money to pay to the Cohanim but dies before he brings them, then his inheritors can keep the money and not give it to the Cohanim. Technically the גזלן really inherits what he stole when theגר from whom he stole dies with no relatives, but he must return it to the Cohanim as repentance. (That is why the Torah calls it an Asham). When he, the גזלן, dies there is no longer a need for his כפרה. So his inheritors keep the money. If, however, the money was already given to the Cohanim, and he dies before he brings the korban, the Cohanim are not required to give back the money to the inheritors because the return of the money already brought some כפרה to the גזלן.
Nowadays that it isn’t possible to bring a korban, the money or item that was stolen from a convert with no relatives must be given to Tzedakah.
