Expositor's Bible Commentary Commentary Hebrews 9:17

"For a testament is of force where there hath been death: for it doth never avail while he that made it liveth." — Hebrews 9:17 (ASV)

The author uses a technical legal term to indicate that the will (diatheke) is “in force only” when a death occurs. “It never takes effect” is another legal term. Only the death of the testator brings the provisions of a will into force. From this the author reasons to the necessity for Christ’s death, since he is bringing into force a new covenant (diatheke). It was not, so to speak, an option God happened to prefer. (The author later shows the same theme from the Law, that for sin to be forgiven blood had to be shed; i.e., Jesus had to die.)