Hebrews 9:16

For where a testament is,.... The covenant of grace, as administered under the Gospel dispensation, is a testament or will.

For where a testament is, there must also of necessity be the death of the testator.

For where a testament is: for gives the reason of the Mediator’ s death, even the putting the called into the possession of the bequeathed inheritance, demonstrated by a common, natural law in all nations of the testament’ s effect on the testator’ s death; a testament being a disposition by will nuncupative, or written, of either goods or lands, which are the person’ s own, to be the right and possession of others after his death, whom he nominateth in it: such in proportion is the new covenant, where God gives freely all spiritual good things with a heavenly inheritance, as legacies to all his called ones in Christ, by this last and best will and testament of his, written in his Scripture instrument, witnessed by the prophets and apostles, sealed by the two sacraments, especially the Lord’ s supper, . There must also of necessity be the death of the testator; he who maketh a testament by the law of nature, as of nations, must die before the legatees have any profit by the will; the son and heir inherits not but on the father’ s death; then is the testament firm and valid, the time being come for the heir’ s inheriting, and for the will’ s execution, it being now unalterable; the necessity of which is cleared, .

16 For where a testament is, there must also of necessity be the death of the testator. Ver. 16. For where a testament is] Here the testator is Christ, heirs the saints, legacies the gifts of the Spirit, executor the Holy Ghost, witnesses apostles, martyrs, &c.

(16) Testament.—As has been already pointed out, the greatest difference of opinion has existed in regard to the meaning of the Greek word diathηkη in this passage. (See Note on Hebrews 7:22.) It will be seen at once that the interpretation of this verse and the next entirely depends on that one question. If “testament” is the correct meaning of the Greek word, the general sense of the verses is well given in the Authorised version. A few commentators even agree with that version in carrying back the idea of testament into Hebrews 9:15, although in the other two places in which the word is joined with “Mediator” (Hebrews 8:6; Hebrews 12:24) they adhere to the ordinary rendering, “covenant.” By most, however, it is held that a new thought is introduced in the present verse. The writer, it is urged, having spoken of a promise of an inheritance, (Hebrews 9:15), and a promise that cannot be made valid unless death take place, avails himself of the illustration which a second (and very common) meaning of the leading word affords; and though a covenant has hitherto been in his thoughts, he adds interest and force to his argument by calling up the analogy of a testament or will. It is further urged that this procedure will not seem unnatural if we reflect that the diathηkη between God and man is never exactly expressed by covenant, since it is not of the nature of a mutual compact between equals. (See Hebrews 7:22.) The position is chiefly defended by two arguments:—(1) Hebrews 9:16, being a general maxim, gives no intelligible sense in regard to a covenant, but is easy and natural as applied to a will. (2) A Greek word used in Hebrews 9:17, where the literal translation is “over (the) dead,” cannot be used of sacrifices of slain animals, but of men only. This, we believe, is a fair statement of the case on the one side; and it may be fully acknowledged that, if Hebrews 9:16-17 stood alone, and if they were written of Gentile rather than Jewish usage, the case would be very strong. As it is, we are compelled to believe that the difficulties which this interpretation brings with it are beyond comparison more serious than those which it removes. (1) There is no doubt that in the overwhelming majority of New Testament passages the meaning covenant must be assigned. By many high authorities these verses are considered to contain the only exception. (2) In the LXX. the word is extremely common, both for the covenants of God and for compacts between man and man. (See Note on Hebrews 7:22). (3) The application of diathηkη in this Epistle rests on the basis of the Old Testament usage, the key passage being Jeremiah 31:31-34, quoted at length in Hebrews 8. With that quotation this passage is linked by the association of diathηkη with Mediator in Hebrews 9:15 and Hebrews 8:6, and with “the first” in Hebrews 9:15 and in Hebrews 8:13; Hebrews 9:1.

Verse 16. For where a testament is] A learned and judicious friend furnishes me with the following translation of this and the 17th verse:- "For where there is a covenant, it is necessary that the death of the appointed victim should be exhibited, because a covenant is confirmed over dead victims, since it is not at all valid while the appointed victim is alive." He observes, "There is no word signifying testator, or men, in the original. διαθεμενος is not a substantive, but a participle, or a participial adjective, derived from the same root as διατηκη, and must have a substantive understood. I therefore render it the disposed or appointed victim, alluding to the manner of disposing or setting apart the pieces of the victim, when they were going to ratify a covenant; and you know well the old custom of ratifying a covenant, to which the apostle alludes. I refer to your own notes on Genesis 6:18, and Genesis 15:10.-J. C." Mr. Wakefield has translated the passage nearly in the same way. "For where a covenant is, there must be necessarily introduced the death of that which establisheth the covenant; because a covenant is confirmed over dead things, and is of no force at all whilst that which establisheth the covenant is alive." This is undoubtedly the meaning of this passage; and we should endeavour to forget that testament and testator were ever introduced, as they totally change the apostle's meaning. See the observations at the end of this chapter.

16. For where a testament is] In these two verses (16, 17), and these only, Diathηkη is used in its Greek and Roman sense of “a will,” and not in its Hebrew sense of “a covenant.” The sudden and momentary change in the significance of the word explains itself, for he has just spoken of an inheritance, and of the necessity for a death. It was therefore quite natural that he should be reminded of the fact that just as the Old Covenant (Diathηkη) required the constant infliction of death upon the sacrificed victims, and therefore (by analogy) necessitated the death of Christ under the New, so the word Diathηkη in its other sense of “Will” or “Testament” (which was by this epoch familiar also to the Jews) involved the necessity of death, because a will assigns the inheritance of a man who is dead. This may be called “a mere play on words;” but such a play on words is perfectly admissible in itself; just as we might speak of the “New Testament” (meaning the Book) as “a testament” (meaning “a will”) sealed by a Redeemer’s blood. An illustration of this kind was peculiarly consonant with the deep mystic significance attached by the Alexandrian thinkers to the sounds and the significance of words. Philo also avails himself of both meanings of Diathηkη (De Nom. Mutat. § 6; De Sacr. Abel, Opp. i. 586. 172). The passing illustration which thus occurs to the writer does not indeed explain or attempt to explain the eternal necessity why Christ must die; he leaves that in all its awful mystery, and merely gives prominence to the fact that the death was necessary, by saying that since under the Old Covenant death was required, so the New Covenant was inaugurated by a better death; and since a Will supposes that some one has died, so this “Will,” by which we inherit, involves the necessity that Christ must die. The Old Covenant could not be called “a Will” in any ordinary sense; but the New Covenant was, by no remote analogy, the Will and Bequest of Christ.there must also of necessity be the death of the testator] Wherever there is a will, the supposition that the maker of the will has died is implied, or legally involved (φέρεσθαι, constare).

For where a testament is - This is the same word - διαθήκη diathēkē - which in Hebrews 8:6, is rendered “covenant.” For the general signification of the word, see note on that verse.

16. For—Assuming this beautiful view of the covenant as a testament, or bequest by will, the death of the testator is required, as by Jesus fulfilled.