"In that He says, "A new covenant," He has made the first obsolete. Now what is becoming obsolete and growing old is ready to vanish away."" (Hebrews 8:13, NKJV)
The terms "Old" and "New" Testaments are so familiar to us yet so rare in Scripture itself. The first term occurs in the "new" Testament, 2 Corinthians 3:14, παλαιας͂διαθηκης palaias diathêkês and has been taken to refer to the Old Testament canon, covenant, Pentateuch or 10 Commandments. Indeed in this section of Paul's epistle (3:7-18) he contrasts a "ministry of death" with that of the "spirit" (3:7-8), a "ministry of condemnation" with one of "righteousness" (3:9), and one that is "passing away" with that which "remains" (3:11) - but calls them both throughout "glorious" (3:7-11).
In Hebrews 9:15 the writer refers to "the first (πρωτη prôtê) testament", which is perhaps a less denigrating term than "old". The second term, 'new testament/covenant', occurs in the "old" only in the Greek version of Jeremiah 31:31 διαθηκην͂καινην diathêkên kainên, in the Hebrew original it is properly "new covenant" rather than testament, and there is a slight difference. It occurs in the New Testament at 2 Corinthians 3:6 describing believers as "ministers of the new testament/covenant . . . not of the letter but of the Spirit", 3 times in Hebrews (8:8-13; 9:15; 12:24), and in the Last Supper accounts.
"Testament" comes from the Greek διαθηκη diathêkê (Strong's #1242), "covenant" from Hebrew בְּרִית berîyth (Strong's #1285), there are differences, the former is like a will, you do nothing to inherit - except that somebody dies, the latter is an agreement, usually between two parties. The writer to the Hebrews (9:16f.) makes use of the former idea to emphasize our inheritance through Christ's death but the latter emphasizes the agreement between God and us and does not necessarily require a "death". Jeremiah 31:31 mentions a new covenant, who with? The Jews! What did it say? That the Law (Old Covenant) was to be written on their minds and hearts (inward parts). So, the very last thing we can expect the New covenant/testament to do is abandon the Law, instead it is to be made less forgettable by imprinting it permanently on our hearts and minds.
The terms "old" and "new" Testament are first used for the old and new canons of Scriptural books in church history at the end of the second century by Clement of Alexandria and by bishop Melito of Sardis (W.Turkey) who needed a phrase to distinguish between the fixed Jewish and growing Christian canon. Unfortunately he chose "old" and "testament"! It might sound obvious to state that the Old Testament is in the Bible, but many Christians and more than one early church heretic (Marcion, c.A.D. 130s) act as if the Old Testament has been completely dispensed with.
The meaning of the term "new" might appear unquestionable but in Greek there are two words for "new". With respect to the covenant/testament it is καινος kainos (Strong's #2537), as opposed to νεος neos (Strong's #3501). The former word means "new" in form, shape, and nature, fresh, extraordinary, unheard of, whereas neov neos may mean only new in degree or time, a revision or younger version of the "old". Interestingly, whilst both words are used of the new covenant/testament, all instances prefer καινος kainos except when neov neos is used in Hebrews 12:24.
Jeremiah 31:31 uses the Hebrew word חָדָשׁ châdâsh (Strong's #2319), for "new" from the root verb חָדַשׁ châdash (Strong's #2318), meaning "to renew, repair, refresh", which is perhaps closer in meaning to the Greek term νεος neos, yet the Greek version of Jeremiah 31:31 uses καινος kainos. If the New Testament were considered a repaired or renewed covenant rather than a "replacement" covenant today's theological extremes and errors might have been different. More to the point, the Bible regards the first covenant as eternal, even if "fading away", a second parallel upgraded covenant does not negate the first but adds to it and, being superior, negates the necessity of the first without rendering it non-existent.
It is the presence of the "new" that makes the first testament "old"; it is not old of itself. The terms "first" and "second" might have been less emotionally charged.
"In that He says, A new (καινος kainos) covenant [not actually present in the text but reasonably obvious by context], He has made the first one old (παλαιοω palaioô Strong's #3822). Now that which decays and becomes old (γηρασκω geraskô Strong's #1095, as in geriatric) is ready (εγγυς eggus Strong's #1451) to vanish away (αφανισμος aphanismos Strong's #854 'not appear')." (Hebrews 8:13)
Unfortunately, in the West we now see old as poor, decrepit and only any good to be "put away", with dead, rather than dying. In theological terms we have committed euthanasia of the Old Testament before its time.
In Hebrews 8:13 "ready", or "near/nigh" εγγυς eggus, is a significant theological term meaning "imminent" but also often used for 'closeness to God', for example of the Jews' "nearness" as opposed to the gentiles being "afar off". The Rabbis used the term "to make nigh" as equivalent to "to make a proselyte". The form of the verbs in this verse are significant. The first system "has been made old" but is only "decaying" and "close to vanishing" in the present tense, even at the point of the author of Hebrews' writing, after the resurrection.
The question is what aspect of the "old" is ready or more accurately "close to" vanishing? It certainly cannot be the Old Testament Scriptures. Neither can it be the Mosaic Covenant as a whole, for God had described parts of it as eternal. The context in Hebrews suggests that it is the Old Testament system of priests and sacrifices that is perishing, as these were to overlap early Christianity until 70 A.D. and then disappear with the destruction of the Temple and later expulsion from Jerusalem.
For those who continue to have difficulty with this passage, always bear in mind the eternal value of the Ten Commandments, and the fact that Jeremiah 31:33 teaches that those same laws will still be valid in the New Covenant only written on our living hearts and minds rather than on easily broken dead stone.
"But this is the new covenant that I will make with the house of Israel after those days, says the LORD: I will put My law in their minds, and write it on their hearts; and I will be their God, and they shall be My people." (Jeremiah 31:33)
FOOTNOTES:
F1: Eusebius, History of the Church, 4.26.12-14
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