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This is the proof of the faultiness of the Mosaical covenant, from the right cause of it, those who did abuse it.
For finding fault with them: the Lord, by the prophet Jeremiah, being distasted and offended, accuseth, and with complaints and aggravations chargeth the houses of Israel and Judah, both priests and people, for frustrating God’s covenant with them by their unbelief, mistaking God’s mind in it, and using it to justify them, and not bring them unto Christ, who justifieth the ungodly. That the covenant was not faulty in itself, but only accidentally, is evident; for it was given to change hearts, though its spiritual efficacy was not so fully revealed, Deu_10:16 30:6; for Moses, Joshua, Samuel, David, were saved by the right use of it. It did not bind them by works to obtain justification, for it was delivered with blood, which taught them it was to be had only by faith in Christ’s blood. But when they would not be led to Christ by it, they were faulty, and not the covenant, and so they perished in their gainsaying. The administration of this covenant by men being so defective, he finds fault with them, and resolves on the change of the administration.
Behold, the days come: Behold, imports attention to and observation of the rare, excellent, and important thing proposed in the word to the eye and mind of those for whom it was written, and to whom it is sent: so is this here, in Jer_31:31; the days of the Messiah’s coming in the flesh, when a woman shall compass a man, as Jer_31:22; the known times of grace, Jer_23:5,6. A time to come when the prophet wrote it, past when the apostle quotes it here; so ordered by God to teach those there the imperfection of that covenant administration, so as they might make out to Christ by it, and not rest in it, as he had revealed him to them in the prophecy; and to strengthen believers in their faith in Christ when come, and to convince and leave inexcusable such Jews as would not believe in him, and further to confirm his priesthood.
Saith the Lord: this is not an invention of the prophet, but a revelation of the Supreme Lord to him. It is his certain, true, and infallible speech, illuminating his mind by it, and directing him in his words and writings for to convey it to those to whom he sent him; so that the word is firm, and worthy of all acceptation; and the more of the Hebrews, because sent by Jeremiah, a Levitical priest, to them.
I will make a new covenant with the house of Israel and with the house of Judah: I will make perfect and complete. In the prophet it is ytrkw I will strike or cut, because in covenant-making the sacrifices were cut asunder; and thence is it transferred figuratively, to signify covenant-making. A covenant, for form and manner of administration, second, later, better, stronger, and more excellent than the Mosaical; such as should be effectual to God’s saving ends in the ministry of Christ, with the whole seed of Jacob, the visible church of God, when the prophet wrote this, divided into two kingdoms of Israel and Judah, and that of Israel removed afar off by the Assyrian, and seemingly lost, but by this covenant to be made one people again, and to be saved by Christ, David their King, Jer_23:5,6 Eze 37:21-28.