A.T. Robertson Commentary Hebrews 9:16

"For where a testament is, there must of necessity be the death of him that made it." — Hebrews 9:16 (ASV)

A testament (διαθηκη). The same word occurs for covenant (verse 15) and will (verse 16). This double sense of the word is played upon also by Paul in Ga 3:15f. We say today "The New Testament" (Novum Testamentum) rather than " The New Covenant." Both terms are pertinent.

That made it (του διαθεμενου). Genitive of the articular second aorist middle participle of διατιθημ from which διαθηκη comes. The notion of will here falls in with κληρονομια (inheritance, 1 Peter 1:4) as well as with θανατος (death).

Of force (βεβαια). Stable, firm as in 3:6,14.

Where there hath been death (επ νεκροις). "In the case of dead people." A will is only operative then.

For doth it ever avail while he that made it liveth? (επε μη ποτε ισχυε οτε ζη ο διαθεμενοσ; ). This is a possible punctuation with μη ποτε in a question (John 7:26). Without the question mark, it is a positive statement of fact. Aleph and D read τοτε (then) instead of ποτε. The use of μη in a causal sentence is allowable (John 3:18, οτ μη).