For finding fault with them - Or rather, "finding fault, he says to them." The difference is only in the punctuation, and this change is required by the passage itself. This is commonly interpreted as meaning that the fault was not found with "them" - that is, with the Jewish people, for they had had nothing to do in giving the covenant, but "with the covenant itself." "Stating its defects, he had said to them that he would give them one more perfect, and of which that was only preparatory." So Grotius, Stuart, Rosenmuller, and Erasmus understand it. Doddridge, Koppe, and many others understand it as it is in our translation, as implying that the fault was found with the people, and they refer to the passage quoted from Jeremiah for proof, where the complaint is of the people. The Greek may bear either construction; but may we not adopt a somewhat different interpretation still?

May not this be the meaning? For using the language of complaint, or language that implied that there was defect or error, he speaks of another covenant. According to this, the idea would be, not that he found fault specifically either with the covenant or the people, but generally that he used language which implied that there was defect somewhere when he promised another and a better covenant. The word rendered "finding fault" properly means to censure, or to blame. It is rendered in Mark 7:2, "they found fault," to wit, with those who ate with unwashed hands; in Romans 9:19, "why doth he yet find fault?" It occurs nowhere else in the New Testament, It is language used where wrong has been done; where there is ground of complaint; where it is desirable that there should be a change. In the passage here quoted from Jeremiah, it is not expressly stated that God found fault either with the covenant or with the people, but that he promised that he would give another covenant, and that it should be "different" from what he gave them when they came out of Egypt - implying that there was defect in that, or that it was not "faultless." The whole meaning is, that there was a deficiency which the giving of a new covenant would remove.

He saith - In Jeremiah 31:31-34. The apostle has not quoted the passage literally as it is in the Hebrew, but he has retained the substance, and the sense is not essentially varied. The quotation appears to have been made partly from the Septuagint, and partly from memory. This often occurs in the New Testament.

Behold - This particle is designed to call attention to what was about to be said as important, or as having some special claim to notice. It is of very frequent occurrence in the Scriptures, being much more freely used by the sacred writers than it is in the classic authors.

The days come - The time is coming. This refers doubtless to the times of the Messiah. Phrases such as these, "in the last days," "in after times," and "the time is coming," are often used in the Old Testament to denote the last dispensation of the world - the dispensation when the affairs of the world would be wound up; see the phrase explained in the Hebrews 1:2 note, and Isaiah 2:2 note. There can be no doubt that as it is used by Jeremiah it refers to the times of the gospel.

When I will make a new covenant - A covenant that shall contemplate somewhat different ends; that shall have different conditions, and that shall be more effective in restraining from sin. The word "covenant" here refers to the arrangement, plan, or dispensation into which he would enter in his dealings with people. On the meaning of the word, see the Acts 7:8 note, and Hebrews 9:16-17 notes. The word "covenant" with us commonly denotes a compact or agreement between two parties that are equal, and who are free to enter into the agreement or not. In this sense, of course, it cannot be used in relation to the arrangement which God makes with man. There is:

(1) no equality between them, and,

(2) man is not at liberty to reject any proposal which God shall make.

The word, therefore, is used in a more general sense, and more in accordance with the original meaning of the Greek word. It has been above remarked (see the notes on Hebrews 8:6), that the "proper" word to denote "covenant," or "compact" - συνθηκη sunthēkē - "syntheke" - is never used either in the Septuagint or in the New Testament - another word - διαθήκη diathēkē - "diatheke" - being carefully employed. Whether the reason there suggested for the adoption of this word in the Septuagint be the real one or not, the fact is indisputable. I may be allowed to suggest as possible here an additional reason why this so uniformly occurs in the New Testament. It is, that the writers of the New Testament never meant to represent the transactions between God and man as a "compact or covenant" properly so called. They have studiously avoided it, and their uniform practice, in making this nice distinction between the two words, may show the real sense in which the Hebrew word rendered "covenant" - בּרית beriyt - is used in the Old Testament. The word which they employ - διαθήκη diathēkē - never means a compact or agreement as between equals.

It remotely and secondarily means a "will, or testament" - and hence, our phrase "New Testament." But this is not the sense in which it is used in the Bible - for God has never made a will in the sense of a testamentary disposition of what belongs to him. We are referred; therefore, in order to arrive at the true Scripture view of this whole matter, to the original meaning of the word - διαθήκη diathēkē - as denoting a "disposition, arrangement, plan;" then what is ordered, a law, precept, promise, etc. Unhappily we have no single word which expresses the idea, and hence, a constant error has existed in the church - either keeping up the notion of a "compact" - as if God could make one with people; or the idea of a will - equally repugnant to truth. The word διαθήκη diathēkē is derived from a verb - διατίθημι diatithēmi - meaning to place apart, to set in order; and then to appoint, to make over, to make an arrangement with. Hence, the word διαθήκη diathēkē - means properly the "arrangement or disposition" which God made with people in regard to salvation; the system of statutes, directions, laws, and promises by which people are to become subject to him, and to be saved. The meaning here is, that he would make a "new" arrangement, contemplating as a primary thing that the Law should be written in the "heart;" an arrangement which would be especially spiritual in its character, and which would be attended with the diffusion of just views of the Lord.

With the house of Israel - The family, or race of Israel, for so the word "house" is often used in the Scriptures and elsewhere. The word "Israel" is used in the Scriptures in the following senses:

(1) as a name given to Jacob because he wrestled with the angel of God and prevailed as a prince; Genesis 32:28.

(2) as denoting all who were descended from him - called "the children of Israel" - or the Jewish nation.

(3) as denoting the kingdom of the ten tribes - or the kingdom of Samaria, or Ephraim - that kingdom having taken the name Israel in contradistinction from the other kingdom, which was called "Judah."

continued...

For finding fault with them - The meaning is evidently this: God, in order to show that the first covenant was inefficient, saith to them, the Israelites, Behold, the days come when I will make a new covenant, etc. He found fault with the covenant, and addressed the people concerning his purpose of giving another covenant, that should be such as the necessities of mankind required. As this place refers to Jeremiah 31:31-34, the words finding fault with them may refer to the Jewish people, of whom the Lord complains that they had broken his covenant though he was a husband to them. See below.

With the house of Israel and with the house of Judah - That is, with all the descendants of the twelve sons of Jacob. This is thought to be a promise of the conversion of all the Jews to Christianity; both of the lost tribes, and of those who are known to exist in Asiatic and European countries.

For finding fault with them,.... Both with the covenant, which had its faults, and with the people who continued not in it, and were therefore disregarded by the Lord, Hebrews 8:9

he saith, behold, the days come (saith the Lord) when I will make a new covenant with the house of Israel, and with the house of Judah; the words are cited from Jeremiah 31:31 in which God promises a "new covenant"; so called, not because newly made; for with respect to its original constitution, it was made from eternity; Christ the Mediator of it, and with whom it was made, was set up from everlasting; and promises and blessings of grace were put into his hands before the world began: nor is it newly revealed, for it was made known to Adam, and in some measure to all the Old Testament saints, though it is more clearly revealed than it was; but it is so called in distinction from the former administration of it, which is waxen old, and vanished away; and with respect to the order of succession, it taking place upon the former being removed; and on account of the time of its more clear revelation and establishment being in the last days; and because of its mode of administration, which is different from the former, in a new way, and by the use of new ordinances; and because it is always new, its vigour and efficacy are perpetual; it will never be antiquated, or give place to another; and it provides for, and promises new things, a new heart, a new spirit, &c. to which may be added, that it is a famous, excellent covenant, there is none like it; just as an excellent song is called a new song. The persons with whom this covenant is promised to be made, are the houses of Israel and Judah; which being literally taken, had its fulfilment in the first times of the Gospel, through the ministry of John the Baptist, Christ, and his apostles, by whom this covenant was made known to God's elect among the twelve tribes; but being mystically understood, includes both Jews and Gentiles, the whole Israel of God; Israel not after the flesh, but after the Spirit; such as were Jews inwardly; God's elect of every nation: the word rendered, "I will make", signifies, I will consummate, or finish, or end, or fulfil it; which shows the perfection of this covenant, and the imperfection of the former; and that what was typified in the first is fulfilled in this; and that it is now established and ratified by Christ; and is so finished, as to the manifestation and administration of it, that there will be no alteration made in it, nor any addition to it: the time of doing all this is called "the days to come"; the last days, the days of the Messiah, which were future in Jeremiah's time: and a "behold" is prefixed to the whole, as a note of attention, this being an affair of great moment and importance; and as a note of demonstration, or as pointing to something that was desired and expected; and as a note of admiration, it containing things wonderful and marvellous.

For finding fault with them (μεμφόμενος αὐτοὺς)

Them signifies the possessors of the first covenant. The prophet says what follows by way of blame. The passage cited is Jeremiah 38:31-34, lxx (A.V. Jeremiah 31:31-34). The writer assumes that Jeremiah's new covenant means the Christian covenant.

I will make (συντελέσω)

Rend. I will conclude or consummate. See on Luke 4:13. Only here in Hebrews, and once in Paul, Romans 9:28, a citation.

With the house (ἐπὶ)

The preposition marking direction toward.

A new covenant (διαθήκην καινήν)

Always καινὴ in the phrase new covenant, except Hebrews 12:24, where we have νέα. For the distinction see note there, and see on Matthew 26:29.

For finding fault with them, he saith, Behold, the days come, saith the Lord, when I will make a new covenant with the {c} house of Israel and with the house of Judah:

(c) He calls it a house, as it were one family of the whole kingdom: for while the kingdom of David was divided into two sections, the Prophet would have us understand that through the new Testament they shall be joined together again in one.

8:8 Behold, I will make a new covenant. By the mouth of Jeremiah (Jer 31:31-34), the Lord declared that he would make a New Covenant which would take the place of the Old Covenant. This shows that the Old did not meet the full needs of men.

8:8 But there is; for finding fault with them - Who were under the old covenant he saith, I make a new covenant with the house of Israel - With all the Israel of God, in all ages and nations. It is new in many respects, though not as to the substance of it: Being ratified by the death of Christ. Freed from those burdensome rites and ceremonies. Containing a more full and clear account of spiritual religion. Attended with larger influences of the Spirit Extended to all men. And, Never to be abolished. Jer 31:31, and c.

[1] new

The New Covenant, Summary:

(1) "Better" than the Mosaic covenant not morally, but efficaciously Heb 7:19 Rom 8:3,4.

(2) Established on "better" (i.e. unconditional) promises. In the Mosaic Covenant God said, "If ye will" Ex 19:5, in the New Covenant He says, "I will" Heb 8:10,12.

(3) Under the Mosaic Covenant obedience sprang from fear Heb 2:2 12:25-27 under the New from a willing heart and mind Heb 8:10.

(4) The New Covenant secures the personal revelation of the Lord to every believer Heb 8:11.

(5) the complete oblivion of sins Heb 8:12 10:17 10:3.

(6) rests upon an accomplished redemption Mt 26:27,28 1Cor 11:25 Heb 9:11,12,18-23.

(7) and secures the perpetuity, future conversion, and blessing of Israel. Jer 31:31-40. See also "Kingdom (O.T.)," and 2Sam 7:8-17.

The New Covenant is the eighth, thus speaking of resurrection and of eternal completeness.

[2] Covenant

I. The Eight Covenants, Summary:

(1) The Edenic Covenant See Scofield Note: "Gen 1:26"conditioned the life of man in innocency.

(2) The Adamic Covenant See Scofield Note: "Gen 3:14" conditions the life of fallen man and gives promise of a Redeemer.

(3) The Noahic Covenant See Scofield Note: "Gen 9:1". establishes the principle of human government.

(4) The Abrahamic Covenant See Scofield Note: "Gen 15:18" founds the nation of Israel, and confirms, with specific additions, the Adamic promise of redemption.

(5) The Mosaic Covenant See Scofield Note: "Ex 19:25". condemns all men, "for that all have sinned."

(6) The Palestinian Covenant See Scofield Note: "Dt 30:3" secures the final restoration and conversion of Israel.

(7) The Davidic Covenant See Scofield Note: "2Sam 7:16" establishes the perpetuity of the Davidic family (fulfilled in Christ, Mt 1:1 Lk 1:31-33, Rom 1:3 and of the Davidic kingdom, over Israel, and over the whole earth; to be fulfilled in and by Christ 2Sam 7:8-17 Zech 12:8 Lk 1:31-33 Acts 15:14-17 1Cor 15:24.

8. finding fault with them-the people of the old covenant, who were not made "faultless" by it (Heb 8:7); and whose disregard of God's covenant made Him to "regard them not" (Heb 8:9). The law is not in itself blamed, but the people who had not observed it.

he saith-(Jer 31:31-34; compare Eze 11:19; 36:25-27). At Rama, the headquarters of Nebuzar-adan, whither the captives of Jerusalem had been led, Jeremiah uttered this prophecy of Israel's restoration under another David, whereby Rachel, wailing for her lost children, shall be comforted; literally in part fulfilled at the restoration under Zerubbabel, and more fully to be hereafter at Israel's return to their own land; spiritually fulfilled in the Gospel covenant, whereby God forgives absolutely His people's sins, and writes His law by His Spirit on the hearts of believers, the true Israel. "This prophecy forms the third part of the third trilogy of the three great trilogies into which Jeremiah's prophecies may be divided: Jeremiah 21-25, against the shepherds of the people; Jeremiah 26-29, against the false prophets; Jeremiah 30 and 31, the book of restoration" [Delitzsch in Alford].

Behold, the days come-the frequent formula introducing a Messianic prophecy.

make-Greek, "perfect"; "consummate." A suitable expression as to the new covenant, which perfected what the old could not (compare end of Heb 8:9, with end of Heb 8:10).

Israel . Judah-Therefore, the ten tribes, as well as Judah, share in the new covenant. As both shared the exile, so both shall share the literal and spiritual restoration.

8:7-13 The superior excellence of the priesthood of Christ, above that of Aaron, is shown from that covenant of grace, of which Christ was Mediator. The law not only made all subject to it, liable to be condemned for the guilt of sin, but also was unable to remove that guilt, and clear the conscience from the sense and terror of it. Whereas, by the blood of Christ, a full remission of sins was provided, so that God would remember them no more. God once wrote his laws to his people, now he will write his laws in them; he will give them understanding to know and to believe his laws; he will give them memories to retain them; he will give them hearts to love them, courage to profess them, and power to put them in practice. This is the foundation of the covenant; and when this is laid, duty will be done wisely, sincerely, readily, easily, resolutely, constantly, and with comfort. A plentiful outpouring of the Spirit of God will make the ministration of the gospel so effectual, that there shall be a mighty increase and spreading of Christian knowledge in persons of all sorts. Oh that this promise might be fulfilled in our days, that the hand of God may be with his ministers so that great numbers may believe, and be turned to the Lord! The pardon of sin will always be found to accompany the true knowledge of God. Notice the freeness of this pardon; its fulness; its fixedness. This pardoning mercy is connected with all other spiritual mercies: unpardoned sin hinders mercy, and pulls down judgments; but the pardon of sin prevents judgment, and opens a wide door to all spiritual blessings. Let us search whether we are taught by the Holy Spirit to know Christ, so as uprightly to love, fear, trust, and obey him. All worldly vanities, outward privileges, or mere notions of religion, will soon vanish away, and leave those who trust in them miserable for ever.