The ESV provides a typical translation of Leviticus 26:40–42:
But if they confess their iniquity and the iniquity of their fathers in their treachery that they committed against me, and also in walking contrary to me, so that I walked contrary to them and brought them into the land of their enemies—if then their uncircumcised heart is humbled and they make amends for their iniquity, then I will remember my covenant with Jacob, and I will remember my covenant with Isaac and my covenant with Abraham, and I will remember the land.
Since the KJV, English translations have tended to translate these verses as conditionals (“but if they”), and since the RSV, English translations have tended to translate a key phrase in verse 41, “and they make amends for their iniquity,” or some variant of the same.
A better translation is as follows. Here I use the CSB as main translation, but the bold text is brought over from the NKJV:
40 “But when they confess their iniquity and the iniquity of their ancestors—their unfaithfulness that they practiced against me, and how they acted with hostility toward me, 41 and I acted with hostility toward them and brought them into the land of their enemies—and when their uncircumcised hearts are humbled and they accept their guilt, 42 then I will remember my covenant with Jacob. I will also remember my covenant with Isaac and my covenant with Abraham, and I will remember the land.
The CSB, along with the Geneva Bible and the NET Bible, rightly recognize that there is no conditional particle in the Hebrew (as there is earlier in the chapter when the blessings and curses of the Mosaic covenant are outlined). Thus, it is best to translate, as the CSB does, “But when they confess their iniquity” and “when their uncircumcised hearts are humbled.”
Regarding the contested phrase in verse 42, the key verb in the sentence (רצה), translated “make amends” by the ESV and “accept” by the NKJV,” is commonly understood be from one of two identically spelled roots. The first means “to be pleased with, to enjoy, to accept.” The second means “to pay for, to restore.” However, I wonder if the second root with its meaning is necessary to posit. The Dictionary of Classical Hebrew cites texts in support of this sense the verse under consideration (Lev 26:41) as well as earlier verses in Leviticus 26 which state (in common translation) that the land will “enjoy its Sabbaths.” In fact, the few other verses cited in support of the second root could be translated in line with the first root and its senses.
In addition, the Hebrew word translated by the ESV as “iniquity” can also be understood to indicate “guilt” (as in the NKJV) or “punishment.” Thus, the translation of the NKJV, “and they accept their guilt.”
The UBS Handbook on Leviticus advocates the same translation I’m advocating in this post:
Make amends for their iniquity: this phrase presents difficulties with regard to the understanding of both the verb, make amends, and the noun, rendered iniquity in RSV, and consequently for the interpretation of the whole. A number of versions have adopted essentially the same interpretation as RSV (NIV, NJV, and NAB). But the noun used here may mean either “guilt” or “punishment for guilt.” The idea of punishment seems more probable in this context, as in 5:1, 7; 10:17; and 16:22; as well as Gen 4:13. The verb translated make amends in RSV is sometimes used in the sense of “accept.” An example of this in Leviticus is God’s accepting a sacrifice in 1:4. MFT translates the whole phrase “submit to be punished for their sins,” while NEB has “accept their punishment in full,” leaving the idea of guilt implicit. It is especially significant that, while JB (1966) rendered the whole phrase “atone for their sins,” the more recent NJB (1985) has “accept the punishment for their guilt.” The latter interpretation is therefore recommended to translators.
René Péter-Contesse and John Ellington, A Handbook on Leviticus, UBS Handbook Series (New York: United Bible Societies, 1992), 420.
What is the theological significance of these translation differences? Leviticus 26 (much like Deuteronomy 28) outlines the covenant blessings and curses of the Mosaic covenant. If Israel kept the covenant, it would enjoy the blessings of the covenant (26:1–13). If Israel spurned and loathed the covenant, and if Israel thus broke the Mosaic covenant and its laws, then all the covenant curses would come upon Israel (26:14–39). But Leviticus 26:40–45 (like Deuteronomy 30) looks ahead to the new covenant. These verses predict Israel’s repentance. Someday Israelites will confess its guilt and the guilt of their fathers, and they will accept their guilt. At that point God will bring to pass the promises of the Abrahamic covenant.