{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.

People's New Testament

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.

Wesley's Notes

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.

King James Translators' Notes

be: or, be brought in

Jamieson-Fausset-Brown Bible Commentary

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.

Matthew Henry's Concise Commentary

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.

Matthew Henry's Whole Bible Commentary

Verses 15-22

In these verses the apostle considers the gospel under the notion of a will or testament, the new or last will and testament of Christ, and shows the necessity and efficacy of the blood of Christ to make this testament valid and effectual.

I. The gospel is here considered as a testament, the new and last will and testament of our Lord and Saviour Jesus Christ. It is observable that the solemn transactions that pass between God and man are sometimes called a covenant, here a testament. A covenant is an agreement between two or more parties about things that are in their own power, or may be so, and this either with or without a mediator; this agreement takes effect at such time and in such manner as therein declared. A testament is a voluntary act and deed of a single person, duly executed and witnessed, bestowing legacies on such legatees as are described and characterized by the testator, and which can only take effect upon his death. Now observe, Christ is the Mediator of a New Testament (v. 15); and he is so for several ends and purposes here mentioned. 1. To redeem persons from their transgressions committed against the law or first testament, which makes every transgression a forfeiture of liberty, and makes men debtors, and slaves or prisoners, who need to be redeemed. 2. To qualify all those that are effectually called to receive the promise of an eternal inheritance. These are the great legacies that Christ by his last will and testament has bequeathed to the truly characterized legatees.

II. To make this New Testament effectual, it was necessary that Christ should die; the legacies accrue by means of death. This he proves by two arguments:-1. From the general nature of every will or testamentary disposition, v. 16. Where a testament is, where it acts and operates, there must of necessity by the death of the testator; till then the property is still in the testator's hand, and he has power to revoke, cancel, or alter, his will as he pleases; so that no estate, no right, is conveyed by will, till the testator's death has made it unalterable and effectual. 2. From the particular method that was taken by Moses in the ratification of the first testament, which was not done without blood, v. 18, 19, etc. All men by sin had become guilty before God, had forfeited their inheritance, their liberties, and their very lives, into the hands of divine justice; but God, being willing to show the greatness of his mercy, proclaimed a covenant of grace, and ordered it to be typically administered under the Old Testament, but not without the blood and life of the creature; and God accepted the blood of bulls and goats, as typifying the blood of Christ; and by these means the covenant of grace was ratified under the former dispensation. The method taken by Moses, according to the direction he had received from God, is here particularly related (1.) Moses spoke every precept to all the people, according to the law, v. 19. He published to them the tenour of the covenant, the duties required, the rewards promised to those who did their duty, and the punishment threatened against the transgressors, and he called for their consent to the terms of the covenant; and this in an express manner. (2.) Then he took the blood of calves and of goats, with water, and scarlet wool, and hyssop, and applied this blood by sprinkling it. This blood and water signified the blood and water that came out of our Saviour's pierced side, for justification and sanctification, and also shadowed forth the two sacraments of the New Testament, baptism and the Lord's supper, with scarlet wool, signifying the righteousness of Christ with which we must be clothed, the hyssop signifying that faith by which we must apply all. Now with these Moses sprinkled, [1.] The book of the law and covenant, to show that the covenant of grace is confirmed by the blood of Christ and made effectual to our good. [2.] The people, intimating that the shedding of the blood of Christ will be no advantage to us if it be not applied to us. And the sprinkling of both the book and the people signified the mutual consent of both parties, God and man, and their mutual engagements to each other in this covenant through Christ, Moses at the same time using these words, This is the blood of the testament which God hath enjoined unto you. This blood, typifying the blood of Christ, is the ratification of the covenant of grace to all true believers. [3.] He sprinkled the tabernacle and all the utensils of it, intimating that all the sacrifices offered up and services performed there were accepted only through the blood of Christ, which procures the remission of that iniquity that cleaves to our holy things, which could not have been remitted but by that atoning blood.