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. There is so much depending, however, on the meaning of the word, not only in the interpretation of this passage, but also of other parts of the Bible, that it may be proper to explain it here more at length. The word - διαθήκη diathēkē - occurs in the New Testament thirty-three times. It is translated "covenant" in the common version, in Luke 1:72; Acts 3:25; Acts 7:8; Romans 9:4; Romans 11:27; Galatians 3:15, Galatians 3:17; Galatians 4:24; Ephesians 2:12; Hebrews 8:6, Hebrews 8:9, "twice," Hebrews 8:10; Hebrews 9:4, "twice," Hebrews 10:16; Hebrews 12:24; Hebrews 13:20. In the remaining places it is rendered "testament;" Matthew 26:28; Mark 14:24; Luke 22:20; 1 Corinthians 11:25; 2 Corinthians 3:6, 2 Corinthians 3:14; Hebrews 7:22; Hebrews 9:15-17, Hebrews 9:20; Revelation 11:19. In four of those instances (Matthew 26:28; Mark 14:24; Luke 22:20, and 1 Corinthians 11:25), it is used with reference to the institution or celebration of the Lord's Supper. In the Septuagint it occurs not far from 300 times, in considerably more than 200 times of which it is the translation of the Hebrew word בּרית beriyt.

In one instance Zechariah 11:14 it is the translation of the word "brotherhood;" once Deuteronomy 9:5, of דּבר daabaar - "word;" once Jeremiah 11:2, of "words of the covenant;" once Leviticus 26:11), of "tabernacle;" once Exodus 31:7, of "testimony;" it occurs once Ezekiel 20:37, where the reading of the Greek and Hebrew text is doubtful; and it occurs three times 1 Samuel 11:2; 1 Samuel 20:8; 1 Kings 8:9, where there is no corresponding word in the Hebrew text. From this use of the word by the authors of the Septuagint, it is evident that they regarded it as the proper translation of the Hebrew - בּרית beriyt, and as conveying the same sense which that word does. It cannot be reasonably doubted that the writers of the New Testament were led to the use of the word, in part, at least, by the fact that they found it occurring so frequently in the version in common use, but it cannot be doubted also that they regarded it as fairly conveying the sense of the word בּרית beriyt. On no principle can it be supposed that inspired and honest people would use a word in referring to transactions in the Old Testament which did not "fairly" convey the idea which the writers of the Old Testament meant to express. The use being thus regarded as settled, there are some "facts" in reference to it which are of great importance in interpreting the New Testament, and in understanding the nature of the "covenant" which God makes with man. These facts are the following:

(1) The word διαθήκη diathēkē - "diatheke" - is not what properly denotes "compact, agreement," or "covenant." That word is συνθήκη sunthēkē - "syntheke" or in other forms σύνθεσις sunthesis and συνθεσίας sunthesias; or if the word "diatheke" is used in that signification it is only remotely, and as a secondary meaning; see "Passow;" compare the Septuagint in Isaiah 28:15; Isaiah 30:1; Daniel 11:6, and Wisdom Daniel 1:16; 1 Macc. 10:26; 2 Macc. 13:25; 14:26. It is not the word which a "Greek" would have employed to denote a "compact" or "covenant." He would have employed it to denote a "disposition, ordering," or "arrangement" of things, whether of religious rites, civil customs, or property; or if used with reference to a compact, it would have been with the idea of an "arrangement," or "ordering" of matters, not with the primary notion of an agreement with another.

(2) the word properly expressive of a "covenant" or "compact" - συνθήκη sunthēkē - is "never" used in the New Testament. In all the allusions to the transactions between God and man, this word never occurs. From some cause, the writers and speakers in the New Testament seem to have supposed that the word would leave an impression which they did not wish to leave. Though it might have been supposed that in speaking of the various transactions between God and man they would have selected this word, yet with entire uniformity they have avoided it. No one of them - though the word διαθήκη diathēkē - "diatheke" - has been used by no less than six of them - has been betrayed in a single instance into the use of the word συνθήκη sunthēkē - "syntheke," or has differed from the other writers in the language employed. This cannot be supposed to be the result of concert or collusion, but it must have been founded on some reason which operated equally on all their minds.

(3) in like manner, and with like remarkable uniformity, the word συνθήκη sunthēkē - syntheke - is "never" used in the Septuagint with reference to any arrangement or "covenant" between God and man. Once indeed in the Apocrypha, and but once, it is used in that sense. In the three only other instances in which it occurs in the Septuagint, it is with reference to compacts between man and man; Isaiah 28:15; Isaiah 30:1; Daniel 11:6. This remarkable fact that the authors of that version never use the word to denote any transaction between God and man, shows that there must have been some reason for it which acted on their minds with entire uniformity.

(4) it is no less remarkable that neither in the Septuagint nor the New Testament is the word διαθήκη diathēkē - "diatheke" - "ever" used in the sense of "will" or "testament," unless it be in the case before us. This is conceded on all hands, and is expressly admitted by Prof. Stuart; (Com. on Heb. p. 439), though he defends this use of the word in this passage. - A very important inquiry presents itself here, which has never received a solution generally regarded as satisfactory. It is, why the word διαθήκη diathēkē - "diatheke" - was selected by the writers of the New Testament to express the nature of the transaction between God and man in the plan of salvation. It might be said indeed that they found this word uniformly used in the Septuagint, and that they employed it as expressing the idea which they wished to convey, with sufficient accuracy. But this is only removing the difficulty one step further back.

Why did the Septuagint adopt this word? Why did they not rather use the common and appropriate Greek word to express the notion of a covenant? A suggestion on this subject has already been made in the notes on Hebrews 8:6; compare Bib. Repository vol. xx. p. 55. Another reason may, however, be suggested for this remarkable fact which is liable to no objection. It is, that in the apprehension of the authors of the Septuagint, and of the writers of the New Testament, the word διαθήκη diathēkē - "diatheke" - in its original and proper signification "fairly" conveyed the sense of the Hebrew word בּרית beriyt, and that the word συνθήκη sunthēkē - or "compact, agreement," would "not" express that; and "that they never meant to be understood as conveying the idea either that God entered into a compact or covenant with man, or that he made a will." They meant to represent; him as making "an arrangement, a disposition, an ordering" of things, by which his service might be kept up among his people, and by which people might be saved; but they were equally remote from representing him as making a "compact," or a "will." In support of this there may be alleged.

(1) the remarkable uniformity in which the word διαθήκη diathēkē - "diatheke" - is used, showing that there was some "settled principle" from which they never departed; and,

(2) it is used mainly as the meaning of the word itself. Prof. Stuart has, undoubtedly, given the accurate original sense of the word. "The real, genuine, and original meaning of διαθήκη diathēkē (diatheke) is, "arrangement, disposition," or "disposal" of a thing." P. 440. The word from which it is derived - διατίθημι diatithēmi - means to place apart or asunder; and then to set, arrange, dispose in a certain order. "Passow." From this original signification is derived the use which the word has with singular uniformity in the Scriptures. It denotes the "arrangment, disposition," or "ordering" of things which God made in relation to mankind, by which he designed to keep up his worship on earth, and to save the soul. It means neither covenant nor will; neither compact nor legacy; neither agreement nor testament. It is an "arrangement" of an entirely different order from either of them, and the sacred writers with an uniformity which could have been secured only by the presiding influence of the One Eternal Spirit, have avoided the suggestion that God made with man either a "compact" or a "will."

We have no word which precisely expresses this idea, and hence, our conceptions are constantly floating between a "compact" and a "will," and the views which we have are as unsettled as they are. unscriptural. The simple idea is, that God has made an "arrangement" by which his worship may be celebrated and souls saved. Under the Jewish economy this arrangement assumed one form; under the Christian another. In neither was it a compact or covenant between two parties in such a sense that one party would be at liberty to reject the terms proposed; in neither was it a testament or will, as if God had left a legacy to man, but in both there were some things in regard to the arrangement such as are found in a covenant or compact. One of those things - equally appropriate to a compact between man and man and to this arrangement, the apostle refers to here - that it implied in all cases the death of the victim.

If these remarks are well-founded, they should be allowed materially to shape our views in the interpretation of the Bible. Whole treatises of divinity have been written on a mistaken view of the meaning of this word - understood as meaning "covenant." Volumes of angry controversy have been published on the nature of the "covenant" with Adam, and on its influence on his posterity. The only literal "covenant" which can he supposed in the plan of redemption is that between the Father and the Son - though even the existence of such a covenant is rather the result of devout and learned imagining than of any distinct statement in the volume of inspiration. The simple statement there is, that God has made an arrangement for salvation, the execution of which he has entrusted to his Son, and has proposed it to man to be accepted as the only arrangement by which man can be saved, and which he is not at liberty to disregard.

There has been much difference of opinion in reference to the meaning of the passage here, and to the design of the illustration introduced. If the word used - διαθήκη diathēkē - means "testament," in the sense of a "will," then the sense of that passage is that "a will is of force only when he who made it dies, for it relates to a disposition of his property after his death." The force of the remark of the apostle then would be, that the fact that the Lord Jesus made or expressed his "will" to mankind, implied that he would die to confirm it; or that since in the ordinary mode of making a will, it was of force only when he who made it was dead, therefore it was necessary that the Redeemer should die, in order to confirm and ratify what he made. But the objections to this, which appears to have been the view of our translators, seem to me to be insuperable. They are these:

(1) the word διαθήκη diathēkē - "diatheke" - is not used in this sense in the New Testament elsewhere; see the remarks above.

(2) the Lord Jesus made no such will. He had no property, and the commandments and instructions which he gave to his disciples were not of the nature of a will or testament.

continued...

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 (note), and Genesis 15:10 (note). - 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 endeavor 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.

For where a testament is,.... The covenant of grace, as administered under the Gospel dispensation, is a testament or will. The Jews have adopted the Greek word, here used, into their language, and pronounce it and by it understand a dying man's last will and testament (d). Some of them make it to be of Hebrew derivation; as if it was said, , "this shall be to confirm" (e), or this shall be stable and firm; though others own it to be the same with this Greek word (f). The covenant of grace, is properly a covenant to Christ, and a testament or will to his people: it is his and their Father's will, concerning giving them both grace and glory; it consists of many gifts and legacies; in it Christ is made heir of all things, and his people are made joint heirs with him; they are given to him as his portion; and they have all things pertaining to life and godliness bequeathed to them, even all spiritual blessings; the witnesses of it are Father, Son, and Spirit; and the seals of it are the blood of Christ, and the grace of the Spirit; and this is registered in the Scriptures by holy men as notaries; and is unalterable and immutable: and this being made,

there must also of necessity be the death of the testator; who is Christ; he has various parts in this will or testament; he is the surety and Mediator of it; and he is the executor of it; what is given in it, is first given to him, in order to be given to others; all things are put into his hands, and he has a power to give them to as many as the Father has given him; and here he is called the "testator": Christ, as God, has an equal right to dispose of the inheritance, both of grace and glory; and as Mediator, nothing is given without his consent; and whatever is given, is given with a view to his "death", and comes through it, and by virtue of it: hence there is a "necessity" of that, and that on the account of the divine perfections; particularly for the declaration of God's righteousness, or by reason of his justice; and also because of his purposes and decrees, which have fixed it, and of his promises, which are yea and amen in Christ, and are ratified by his blood, called therefore the blood of the covenant; and likewise on account of the engagements of Christ to suffer and die; as well as for the accomplishment of Scripture prophecies concerning it; and moreover, on account of the blessings which were to come to the saints through it, as a justifying righteousness, pardon of sin, peace and reconciliation, adoption and eternal life.

(d) T. Hieros. Peah, fol. 17. 4. & T. Bab. Bava Bathra, fol. 152. 2.((e) T. Bab. Bava Metzia, fol. 19. 1. Maimon & Bartenora in Misn. Moed Katon, c. 3. sect. 3. & in Bava Metzia, c. 1. sect. 7. & in Bava Bathra, c. 8. sect. 6. (f) Cohen de Lara Ir David, p. 30.

For where a testament is (ὅπου γὰρ διαθήκη)

"The English Version has involved this passage in hopeless obscurity by introducing the idea of a testament and a testator." This statement of Rendall (Epistle to the Hebrews, p. 159) is none too strong. That interpretation, however, is maintained by a very strong array of modern expositors. It is based upon κληρονομία inheritance; it being claimed that this word changes the whole current of thought. Hence it is said that the new covenant established by Christ is here represented as a testamentary disposition on his part, which could become operative in putting the heirs in possession of the inheritance only through the death of Christ. See Additional Note at the end of this chapter.

There must also of necessity be the death of the testator (θάνατου ἀνάγκη φέρεσθαι τοῦ διαθεμένου)

Rend. it is necessary that the death of the institutor (of the covenant) should be borne. With the rendering testament, φέρεσθαι is well-nigh inexplicable. If covenant the meaning is not difficult. If he had meant to say it is necessary that the institutor die, he might better have used γένεσθαι: "it is necessary that the death of the institutor take place"; but he meant to say that it was necessary that the institutor die representatively; that death should be borne for him by an animal victim. If we render testament, it follows that the death of the testator himself is referred to, for which θάνατου φέρεσθαι is a very unusual and awkward expression.

Additional Note on Hebrews 9:16

Against the rendering testament for διαθήκη, and in favor of retaining covenant, are the following considerations:

(a) The abruptness of the change, and its interruption of the line of reasoning. It is introduced into the middle of a continuous argument, in which the new covenant is compared and contrasted with the Mosaic covenant (8:6-10:18).

(b) The turning-point, both of the analogy and of the contrast, is that both covenants were inaugurated and ratified by death: not ordinary, natural death, but sacrificial, violent death, accompanied with bloodshedding as an essential feature. Such a death is plainly indicated in Hebrews 9:15. If διαθήκη signifies testament, θάνατον death in Hebrews 9:16 must mean natural death without bloodshed.

(c) The figure of a testament would not appeal to Hebrews in connection with an inheritance. On the contrary, the idea of the κληρονομία was always associated in the Hebrew mind with the inheritance of Canaan, and that inheritance with the idea of a covenant. See Deuteronomy 4:20-23; 1 Chronicles 16:15-18; Psalm 105:8-11.

(d) In lxx, from which our writer habitually quotes, διαθήκη has universally the meaning of covenant. It occurs about 350 times, mostly representing בְּרִית, covenant. In the Apocryphal books it has the same sense, except in Sir. 38:33, where it signifies disposition or arrangement. Διατιθέσθαι to dispose or arrange represents כָּרַֽת, to cut off, hew, divide. The phrase כָּרַֽת בְּרִֽת, to cut (i.e., make) a covenant, is very common. The verb marks a disposing by the divine will, to which man becomes a party by assent; while συντιθέσθαι indicates an arrangement between two equal parties. There is not a trace of the meaning testament in the Greek O.T. In the classics διαθήκη is usually testament. Philo uses the word in the sense of covenant, but also shows how it acquired that of testament (De Mutatione Nominum, 6 ff.). The Vulgate has testamentum, even where the sense of covenant is indisputable. See Exodus 30:26; Numbers 14:44; 2 Kings 6:15; Jeremiah 3:16; Malachi 3:1; Luke 1:72, Acts 3:25; Acts 7:8. Also in N.T. quotations from the O.T., where, in its translation of the O.T., it uses foedus. See Jeremiah 31:31, cit. Hebrews 8:8. For διατιθέσθαι of making a covenant, see Hebrews 8:10; Acts 3:25; Hebrews 10:16.

(e) The ratification of a covenant by the sacrifice of a victim is attested by Genesis 15:10; Psalm 1:5; Jeremiah 34:18. This is suggested also by the phrase כָּרַֽת בְּרִֽת, to cut a covenant, which finds abundant analogy in both Greek and Latin. Thus we have ὅρκια τάμνειν to cut oaths, that is, to sacrifice a victim in attestation (Hom. Il. ii. 124; Od. xxiv. 483: Hdt. vii. 132). Similarly, σπονδὰς let us cut (make) a league (Eurip. Hel. 1235): φίλια τέμνεσθαι to cement friendship by sacrificing a victim; lit. to cut friendship (Eurip. Suppl. 375). In Latin, foedus ferire to strike a league foedus ictum a ratified league, ratified by a blow (ictus).

(f) If testament is the correct translation in Hebrews 9:16, Hebrews 9:17, the writer is fairly chargeable with a rhetorical blunder; for Hebrews 9:18 ff. is plainly intended as a historical illustration of the propositions in Hebrews 9:16, Hebrews 9:17, and the illustration turns on a point entirely different from the matter illustrated. The writer is made to say, "A will is of no force until after the testator's death; therefore the first covenant was ratified with the blood of victims.

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

(11) A reason why the testament must be established by the death of the Mediator, because this testament has the condition of a testament or gift, which is made effective by death, and therefore that it might be effective, it must be that he that made the Testament, should die.

9:16 For where a testament is. An inheritance has just been spoken of (Heb 9:15). That suggests a last will and testament, one meaning of the Greek word diatheekee. See PNT Heb 9:15.

There must also of necessity be the death of the testator. A testament has no force until the testator is dead.

9:16 I say by means of death; for where such a covenant is, there must be the death of him by whom it is confirmed - Seeing it is by his death that the benefits of it are purchased. It seems beneath the dignity of the apostle to play upon the ambiguity of the Greek word, as the common translation supposes him to do.

be: or, be brought in

16. A general axiomatic truth; it is "a testament"; not the testament. The testator must die before his testament takes effect (Heb 9:17). This is a common meaning of the Greek noun diathece. So in Lu 22:29, "I appoint (by testamentary disposition; the cognate Greek verb diatithemai) unto you a kingdom, as my Father hath appointed unto me." The need of death before the testamentary appointment takes effect, holds good in Christ's relation as MAN to us; Of course not in God's relation to Christ.

be-literally, be borne": "be involved in the case"; be inferred; or else, "be brought forward in court," so as to give effect to the will. This sense (testament) of the Greek "diathece" here does not exclude its other secondary senses in the other passages of the New Testament: (1) a covenant between two parties; (2) an arrangement, or disposition, made by God alone in relation to us. Thus, Mt 26:28 may be translated, "Blood of the covenant"; for a testament does not require blood shedding. Compare Ex 24:8 (covenant), which Christ quotes, though it is probable He included in a sense "testament" also under the Greek word diathece (comprehending both meanings, "covenant" and "testament"), as this designation strictly and properly applies to the new dispensation, and is rightly applicable to the old also, not in itself, but when viewed as typifying the new, which is properly a testament. Moses (Ex 24:8) speaks of the same thing as [Christ and] Paul. Moses, by the term "covenant," does not mean aught save one concerning giving the heavenly inheritance typified by Canaan after the death of the Testator, which he represented by the sprinkling of blood. And Paul, by the term "testament," does not mean aught save one having conditions attached to it, one which is at the same time a covenant [Poli, Synopsis]; the conditions are fulfilled by Christ, not by us, except that we must believe, but even this God works in His people. Tholuck explains, as elsewhere, "covenant . covenant . mediating victim"; the masculine is used of the victim personified, and regarded as mediator of the covenant; especially as in the new covenant a MAN (Christ) took the place of the victim. The covenanting parties used to pass between the divided parts of the sacrificed animals; but, without reference to this rite, the need of a sacrifice for establishing a covenant sufficiently explains this verse. Others, also, explaining the Greek as "covenant," consider that the death of the sacrificial victim represented in all covenants the death of both parties as unalterably bound to the covenant. So in the redemption-covenant, the death of Jesus symbolized the death of God (?) in the person of the mediating victim, and the death of man in the same. But the expression is not "there must be the death of both parties making the covenant," but singular, "of Him who made (aorist, past time; not 'of Him making') the testament." Also, it is "death," not "sacrifice" or "slaying." Plainly, the death is supposed to be past (aorist, "made"); and the fact of the death is brought (Greek) before court to give effect to the will. These requisites of a will, or testament, concur here: (1) a testator; (2) heirs; (3) goods; (4) the death of the testator; (5) the fact of the death brought forward in court. In Mt 26:28 two other requisites appear: witnesses, the disciples; and a seal, the sacrament of the Lord's Supper, the sign of His blood wherewith the testament is primarily sealed. It is true the heir is ordinarily the successor of him who dies and so ceases to have the possession. But in this case Christ comes to life again, and is Himself (including all that He hath), in the power of His now endless life, His people's inheritance; in His being Heir (Heb 1:2), they are heirs.

9:15-22 The solemn transactions between God and man, are sometimes called a covenant, here a testament, which is a willing deed of a person, bestowing legacies on such persons as are described, and it only takes effect upon his death. Thus Christ died, not only to obtain the blessings of salvation for us, but to give power to the disposal of them. All, by sin, were become guilty before God, had forfeited every thing that is good; but God, willing to show the greatness of his mercy, proclaimed a covenant of grace. Nothing could be clean to a sinner, not even his religious duties; except as his guilt was done away by the death of a sacrifice, of value sufficient for that end, and unless he continually depended upon it. May we ascribe all real good works to the same all-procuring cause, and offer our spiritual sacrifices as sprinkled with Christ's blood, and so purified from their defilement.