Daniel's Literal Translation and Commentary
The Renewed Covenant by Daniel Gregg
"Jeremiah 31:31-34 Behold days are coming, says YHWH that I will cut with the house of Israel and the house of Judah a renewed binding, but it will not be like the binding (that I cut with their fathers, at the time I acted to lead them by the hand to cause them to come out from the land of Egypt)when they had acted to break my binding, and I was loathed in them says YHWH. For this is the binding which I was making with the house of Israel: After those days, says YHWH, I will have placed my Torah in their midst, and upon their heart I shall write it, and I shall be to them God Almighty, and they will be my people" (DLT: torahtimes.org).
renewed : The verbal root חדש means "neu machen, erneurn make anew [remake], renew :" (Lexicon In Veteris Testamenti Libros : Leiden, E.J. Brill. Ludwig Koehler and Walter Baumgartner, 1985). The NET Bible footnotes Jeremiah 31:31 "3 tn Or "a renewed covenant" (New English Translation). A Semitic language like Hebrew bases its meaning and formation of words on three letter verbal roots. This is why scholars will say that חדשה means "renewed": "In Jeremiah's usage it meant only to 'renew,' as can be seen from the use of the same Hebrew word for the 'new moon.'" (pg. 26, Toward Rediscovering The Old Testament, Walter C. Kaiser, Jr., 1987, Zondervan). "Romans 11:27 linked ... 'and so' with 'this is my covenant with them when I take away their sins.' This can be nothing other than a reference to what Jeremiah calls the "[re]New[ed] Covenant" (Jer 31:31-34) but which is referred to in some sixteen other passages as "my Covenant," the "Eternal Covenant," "The [re]New[ed] Heart and [re]New[ed] Spirit," etc. The contents of this covenant are a renewal and an expansion of the promises made to Abraham and David. Thus, we are back to the land promises again! Even more noticeable is the expansion of this land promise in the same contexts that one finds the "[re]New[ed] Covenant" discussed (eg. Jer 31:35-40). Only if the sun and moon cease to shine will this promise be nullified, but the last time I checked, both were still operating; it would appear the promise is still in place" (Kaiser, pg. 56-57).
binding : ברית. See TDOT, and HALOT, ברה > ברית "binden bind ". also BDB, "ברה (cf. As. barū, bind, whence birītu, fetter ...treaty, covenant). BDB, def. 2, functional equivalent, "covenant keeping ". TDOT, "4. The most plausible solution seems to be the one that associates berith with Akk. birītu , 'clasp,' 'fetter' ... This is supported by the Akkadian and Hittite terms for treaty: Akk. riksu, Hitt. ihiul, both meaning 'bond.' The concept of a binding settlement also stands behind Arab. `aqd, Lat. vinculum fidei, "bond of faith," contractus, "contract," and is likewise reflected in German Bund. The reason for the literalistic translation here is that it is needed to make sense of the text. The "binding" can refer to the whole covenant, or to a particular point of the covenant.
comment1: The renewed binding (covenant) will not be like the binding that came into effect when Israel rebelled against the terms. This 'binding' was to the curse for willful setting aside of the Torah (Deut. 27:26). The second use of "binding" refers to the particular point of the curse for not confirming the words of the Torah to do them. It does not refer to the whole covenant binding. The binding for the curse is only a contingent part of the covenant. It only comes into effect under the contingency of rebellion. Under the renewal of the covenant, this contingency is still part of the covenant, but it is not realized since the promise to circumcise the hearts of all Israel will be fulfilled (Deut. 30:6). Therein lies the difference, or the "not like the binding ...". The binding of the curses will not be realized as it was in the wilderness.
comment2: It is important to realize that Biblical Hebrew does not have a developed three tense system like Latin languages. Past, Present, and Future are all relative to the context in Biblical Hebrew. Modern Israeli Hebrew does have a three tense system, and it looks the same as Biblical Hebrew in form. The first result of this is that the LORD is not telling us about a brand new covenant that He will make at some point in the future. The imperfect verb אכרת [For this is the binding which I was making with the house of Israel:] is not imperfect because it is all future, but because there is something incomplete about the covenant making. It refers back to something already promised, not to a new promise. In other words, the covenant promises have not all been fulfilled. But the covenant binding was made. Please notice how the Scripture explains this in Deut. 30:1-8:
KJV Deuteronomy 30:1 And it shall come to pass, when all these things are come upon thee, the blessing and the curse, which I have set before thee, and thou shalt call them to mind among all the nations, whither the LORD thy God hath driven thee, 2 And shalt return unto the LORD thy God, and shalt obey his voice according to all that I command thee this day, thou and thy children, with all thine heart, and with all thy soul; 3 That then the LORD thy God will turn thy captivity, and have compassion upon thee, and will return and gather thee from all the nations, whither the LORD thy God hath scattered thee. 4 If any of thine be driven out unto the outmost parts of heaven, from thence will the LORD thy God gather thee, and from thence will he fetch thee: 5 And the LORD thy God will bring thee into the land which thy fathers possessed, and thou shalt possess it; and he will do thee good, and multiply thee above thy fathers. 6 And the LORD thy God will circumcise thine heart, and the heart of thy seed, to love the LORD thy God with all thine heart, and with all thy soul, that thou mayest live. 7 And the LORD thy God will put all these curses upon thine enemies, and on them that hate thee, which persecuted thee. 8 And thou shalt return and obey the voice of the LORD, and do all his commandments which I command thee this day.
First the the 'blessing and the curse' must come on Israel, and then they must be scattered to all nations, and then they shall return, and then after all of this, the LORD will "circumcise thine heart ... to love YHWH"; For this reason the text, "After those days ... " begins the next clause. The part of the covenant about finally writing the Torah on the hearts of all Israel is only fulfilled "after those days" when the "blessing and the curse" have come on Israel. "After those days" does not refer to some future making of a brand new covenant. For what is done 'after those days' is merely fulfillment of the original covenant promises! Therefore, the covenant is only 'renewed' after those days for all Israel. Of course, in view of Israel's disobedience, renewal requires the provision of atonement through Messiah Yeshua.
comment3: The meaning of the noun /ברית/ is derived from a verb to bind. As a noun, the verb for bind becomes binding. A covenant is a binding between two parties of mutual obligations and liabilities. One party is invariably the greater, in this case the LORD. He promises to provide for and save His people, and to bless them, or to discipline judge and punish them if they do not hold up their end of the covenant. This is what the LORD has "bound" himself to. The people are also 'bound' in the covenant to obey the commandments and to serve the LORD with love and faithfulness in spirit and truth.
In English the word 'covenant' stands for a whole compact or treaty, or agreement, as laid down in some document. This view of covenant is deficient. The Hebrew word /ברית/ is broader in meaning. Translating it as 'covenanting' or 'covenant binding' will help bring this out. 'Covenant binding' is historically dynamic. Both parties are 'covenanting' are 'binding' themselves according to the actions of the other party. Covenanting is not just a stale document, take it or leave it. Covenanting is something that both parties are obligated to, even if one party tries to rebel against it, the other party is still covenanting according to the negative terms of the binding.
The outcome is according to the fidelity of both parties to the terms of the binding. If the lesser party is unfaithful, then they will be bound to the negative terms of the binding, but if they are faithful, then the greater party is bound to bless and provide for them.
"Covenant binding" or literally just 'binding' can have two senses. It refers either to the whole covenant or particular 'bindings', i.e. 'terms' of the covenant that the parties have 'bound' themselves to, i.e. sworn an oath to keep or do. This includes penalty provisions as well as blessings. The penalties are called 'curses'. It is up to the greater party to enforce the binding of the curses if the people should be unfaithful. Therefore, whatever is according to a 'covenant binding' is dynamically implemented. What the greater party is 'bound' to implement of the covenant binding is contingent on the fidelity of the lesser party to their part of the binding.
To be more specific, the whole covenant is a 'binding', but also particular terms are a 'binding' of the 'binding'. The whole 'binding' is unchangeable, but the part of the covenant 'binding' on the greater party varies with the faithfulness of the lesser party.
Without understanding vs. 32 properly, the whole text cannot be understood. So we will discuss that first here:
32 but it will not be like the covenant binding (that I cut with their fathers, at the time I acted to lead them by the hand to cause them to come out from the land of Egypt) when they had acted to break my binding, and I loathed against them, says YHWH.
The whole parenthetical section is merely an explanation of when and how the covenant binding was made. The important part is in the underlined words.The 'binding' or 'covenant binding' spoken of here, i.e. "not like the binding" is not the whole covenant, but merely the 'binding' on the greater party to implement the curses and judgments stipulated as the 'binding' in the case of disobedience.
comment4: More work is needed on "I was loathed in them says YHWH", but which will not be reported here at this time. (DLC: torahtimes.org)
Daniel's Literal Translation and Commentary: (http://www.torahtimes.org/translation/jer3131.html)
All Rights Reserved, 2009 by Daniel Gregg. No part of this article may be copied without including the above reference to the author's original: torahtimes.org. It is preferable only to include what is in the boxes, however the live link in the second box may be omitted if necessary.