Or HaChaim on Leviticus 4:2/אור החיים על ויקרא ד׳:ב׳

1 דבר אל בני ישראל, "speak to the children of Israel, etc." Torat Kohanim uses the expression בני ישראל as excluding Gentiles from offering sin-offerings in the event they violated any of the seven Noachide laws. This appears very difficult. Why should the idea that they could offer such sacrifices ever have arisen so that the Torah needed to refute it? If we would have made a comparison with the Gentile's right to offer free-will offerings, there is no comparison seeing that those offerings were not meant to achieve atonement as we know from Chulin 5 where the Talmud debated the source of denying the heretic the right to offer either total-offerings or sin-offerings respectively. The Talmud there makes it plain that the two kinds of offerings cannot be derived one from the other unless there was something in the text alluding to such entitlement. One argument used there is that if someone were denied to offer a free-will offering it does not follow automatically that he should be barred from offering a sin-offering seeing the latter is designed to help him achieve atonement. The same argument can be used here. As a result of such considerations, the Gentile would have been presumed as entitled to offer sin-offerings. The Torah therefore had to write בני ישראל, to exclude him from the privilege to offer such offerings. It appears to me that the need for this exclusion was accentuated by the word נפש which the Torah used in the very same verse in which it described who would be required (or entitled) to bring a sin-offering. The word נפש suggests that any human being is included in the legislation about to be unveiled. By writing first בני ישראל, the Torah enabled us to use the inclusive term נפש as including proselytes.

2The obvious question is why the Torah did not simply omit both the words בני ישראל and נפש, and I would have excluded the Gentiles and included the proselytes? What possible reason could there have been to exclude the proselyte from the privilege to offer a sin-offering that prompted the Torah to write a word designed to include him? This is no objection as we find that the Torah had included proselytes already in 1,2 where the Torah used the term אדם, and this term included proselytes. We would naturally have assumed that proselytes were included only in the right to offer burnt-offerings but not sin-offerings. The Torah therefore had to write the word נפש in our verse to tell us that proselytes have the right to offer sin-offerings. Unless the Torah had also excluded the Gentiles by the restrictive term בני ישראל, one could have argued that proselytes did not need to be specifically included as they had already been included at the beginning of the portion with the word אדם. I would then have concluded that the absence of any further restrictive clause indicated that the Torah has no objection to Gentiles offering sin-offerings. We have now learned that the word נפש here, though inclusive, includes only the proselyte and that the inclusive term אדם at the beginning of our portion was not sufficient seeing the privilege of offering a sin-offering is a far greater privilege than that of offering a burnt-offering. The very fact that a separate paragraph was needed to sanction the offering of sin-offerings altogether indicates that it is a great privilege to be allowed to atone for a sin by offering a sin-offering (only). This privilege could not have been derived merely by exegesis, but needed to be stated outright. Moreover, it appears that the conclusion of Torat Kohanim that the words בני ישראל exclude Gentiles is not based on these words being superfluous, but rather on their plain meaning, i.e. "Jews and not Gentiles." The moment we accept this, the implication is that only natural-born Jews are subject to the legislation in this paragraph as the expression "children of Israel" refers to direct descendants of the patriarch Jacob. If the Torah wanted to include proselytes also, it had to write the word נפש in order for us to understand this beyond doubt. Having said this you will appreciate that though the expression בני ישראל in the whole Torah is not understood as available for exegetical purposes but as telling us to whom the respective legislation is addressed, it excludes Gentiles automatically.

3נפש, a person. Torat Kohanim views this word as including proselytes in the group of people entitled to offer sin-offerings. If the Torah had intended to also include women, the Torah should have written אדם כי יחטא as the term אדם includes males and females seeing the Torah referred to both males and females by the collective term אדם in Genesis 5,2.

4A moral-ethical meaning of the term נפש as used in this paragraph may be the following. The soul of a human being becomes defective when its owner has sinned intentionally. This is why sinners are referred to as "dead" even while they are still "alive," as we know from Ezekiel 18,32: "for G'd does not desire the death of the dead, etc." The sinner is referred to by the prophet as dead already seeing he no longer has a soul. Solomon refers to something similar in Proverbs 23,2 "if you are someone possessed of a נפש, soul." Our verse tells us that even sins committed inadvertently result in damage to one's soul. While it is true that such inadvertently committed sins do not destroy the soul completely, nonetheless the Torah requires a sin-offering in order for the damage to that soul to be repaired. The offering of that קרבן, the sacrifice whose purpose it is to re-establish the affinity of the soul with its origin, enables the diseased soul to be infused with the spiritual values which will heal its wounds. The same result cannot be achieved if someone who had sinned intentionally were to offer such a sacrifice seeing he had already forfeited his soul. There is nothing left that can be reconstituted until the sinner repented and experienced the beneficial effect of the Day of Atonement, as pointed out by Ezekiel 18,32 והשיבו וחיו, "when you return and cause others to return so that you may live."