Hebrews 9:16

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

An axiomatic truth; "a (not 'the') testament." The testator must die before his testament takes effect (Hebrews 9:17) [a common meaning of diatheekee (G1242)]. So Luke 22:29, "I appoint [by testamentary disposition: the cognate diatitheemai] unto you a kingdom," etc. The need of death before the testamentary appointment takes effect holds good only in Christ's relation as MAN to us.

Be, [ feresthai (G5342)] - 'be borne;' 'be involved in the case;' or else 'be brought forward in court,' to give effect to the will. [This sense (testament) here does not exclude other secondary senses of diathece in the New Testament:

(1) A covenant between two parties;

(2) An arrangement made by God alone in relation to us.

Thus, Matthew 26:28, "blood of the covenant:" for a testament does not require blood shedding. Compare Exodus 24:8, covenant which Christ quotes, though probably He included "testament" also under diathece, as this designation strictly applies to the new dispensation, and is applicable to the old also, not in itself, but viewed as typifying the new.] Moses speaks of the same thing as Paul. Moses, by "covenant," means one giving the heavenly inheritance (typified by Canaan) after the testator's death, which he represented by the sprinkling of blood Paul, by "testament," means one having conditions, and so being a covenant (Poli, 'Synopsis'): the conditions are fulfilled by Christ, not by us; we must indeed believe; but even this God works in His people. Tholuck, 'covenant ... covenant ... mediating victim:' the masculine used of the victim regarded as mediator of the covenant: especially as in the new covenant a MAN (Christ) was the victim. The covenanting parties used to pass between the divided parts of the sacrificed animal; but, without reference to this, the need of a sacrifice for establishing a covenant suffices. Others consider that the death of the victim represented the death of both parties as unalterably bound to the covenant. So in the redemption covenant, Jesus' death symbolized the death of God (?) in the person of the mediating victim, and also the death of man. But it is not, 'there must be the death of both parties making the covenant,' but singular, 'of Him who made [aorist, diathemenou (G1303): not "of Him making"] the testament.' Also, it is "death," not 'sacrifice' or 'slaying' The death is supposed past: the fact of the death is brought forward to give effect to the will. These requisites of a testament concur:

(1) A testator;

(2) Heir;

(3) Goods;

(4) The testator's death;

(5) The fact of the death brought forward.

In Matthew 26:28, two other requisites appear: witnesses, the disciples; a seal, the sacrament of the Lord's supper, the sign of His blood wherewith the testament is sealed. The heir is ordinarily the successor of him who dies, and so ceases to have possession. But Christ comes to life again, and is Himself (including all that He had), in the power of His now endless life, His peoples inheritance; in His being Heir (Hebrews 1:2), they are heirs.