Is Taking Someone to Court and Suing them a Sin? [podcast]

Are we not told that the law is for the ungodly, perhaps for remedial judgment in light, in preparation for the coming, the ultimate Judgment? (1 Timothy 1:9-11)

Yes.

We must be careful not to dismiss one clearly stated divine truth for another. This must all be assimilated (1 Corinthians 2:13). Through diligent prayerful study we rightly divide the Word of truth (2 Timothy 2:15).

Suing a believer is sin, clearly (1 Corinthians 6). Yet suing an unbeliever is never once listed on any of the many and extensive lists of sins in God’s Word. So, it must be treated as a NON-essential since it is never specifically named as a sin. And what did Paul write concerning things, practices that are NOT essential to an individual believer’s salvation? – “Let not him that eateth despise him that eateth not; and let not him which eateth not judge him that eateth: for God hath received him. 4 Who art thou that judgest another man’s servant? to his own master he standeth or falleth. Yea, he shall be holden up: for God is able to make him stand. 5 One man esteemeth one day above another: another esteemeth every day alike. Let every man be fully persuaded in his own mind.” (Romans 14:3-5)

Paul appealed on the basis of the rights he had as a Roman

Read Acts 16:25-40

As was the case with the magistrates in Philippi, today, many of those in places of civil authority (granted them by THE PEOPLE) wish to hide their crimes, their violation of the rights of THE PEOPLE. Watch this:

“But Paul said unto them, They have beaten us openly uncondemned, being Romans, and have cast us into prison; and now do they thrust us out privily (secretly)? nay verily; but let them come themselves and fetch us out. 38 And the serjeants told these words unto the magistrates: and they feared, when they heard that they were Romans.” Acts 16:37-38

Seems Paul is saying “Okay so you jailed us illegally, violated our rights, and yet now you want to secretly release us so as to escape accountability for your crime?”

Just as Paul was a Roman with rights, as Americans we also have Rights. A right cannot be taken away. Paul appealed on the basis of the rights he had as a Roman. He and Silas had been falsely imprisoned. It was a violation of their rights as Roman citizens.

One commentator noted:

“Acts 16:38 [feared, when they heard that they were Romans] They had a right to fear, for if this case was taken to Rome they would be deposed or probably executed for this violation of Roman law. Romans were zealous in protecting their citizens.”

FB Meyer writes:

“Paul was perfectly justified in insisting upon his civil rights when he had the opportunity, Act_16:37. It made the way easier for his new converts.”

There is no Scripture that forbids legal action except taking another BELIEVER before the unjust in their courts.

Of 1 Corinthians 6:1, FB Meyer writes:

“1 Corinthians 6:1-11

SETTLING DIFFERENCES BETWEEN BRETHREN

The Apostle was clearly of the opinion that it was wiser for a Christian to bear injustice and wrong than to go to law before a heathen tribunal. It would have been a happy solution of myriads of disputes if his advice had been followed. Where a course of lawless crime has to be arrested in the interests of the weak and defenseless, it is necessary to call in the law and police to vindicate and protect; but when our private, personal and individual interests alone are concerned, we should be wise to submit our case to arbitration or suffer patiently.”

Notice the context …. Paul is clearly as always, writing to believers, to the church, not the lost … He begins this letter to the Corinthian believers this way:

“Paul, called to be an apostle of Jesus Christ through the will of God, and Sosthenes our brother, 2 Unto the church of God…“ 1 Corinthians 1:1-2

“ye go to law one with another” 1 Corinthians 6:7

Lawsuits Against Believers

1Co 6:1  Dare any of you, having a matter against another, go to law before the unjust, and not before the saints? 

1Co 6:2  Do ye not know that the saints shall judge the world? and if the world shall be judged by you, are ye unworthy to judge the smallest matters? 

1Co 6:3  Know ye not that we shall judge angels? how much more things that pertain to this life? 

1Co 6:4  If then ye have judgments of things pertaining to this life, set them to judge who are least esteemed in the church. 

1Co 6:5  I speak to your shame. Is it so, that there is not a wise man among you? no, not one that shall be able to judge between his brethren? 

1Co 6:6  But brother goeth to law with brother, and that before the unbelievers. 

1Co 6:7  Now therefore there is utterly a fault among you, because ye go to law one with another. Why do ye not rather take wrong? why do ye not rather suffer yourselves to be defrauded? 

1Co 6:8  Nay, ye do wrong, and defraud, and that your brethren. 

Believers are to settle any issues among themselves, with the least amount of people knowing, and not in front of the world (Matthew 18:15-17, etc.).

Of 1 Corinthians 6:1, William MacDonald writes:

“1 Corinthians 6:1-11

Lawsuits among Believers (6:1-11)

The first eleven verses of chapter 6 have to do with lawsuits among believers. News had come to Paul that some Christians were going to law against their fellow believers—before the judges of this world. So he lays down these instructions of lasting value for the church. Note the repetition of the expression “Do you not know” (vv. 2, 3, 9, 15, 16, 19).

6:1 The opening question expresses shocked surprise that any of them would think of taking a brother to law before the unrighteous, that is, before unsaved judges or magistrates. He finds it rather inconsistent that those who know true righteousness should go before men who are not characterized by righteousness. Imagine Christians looking for justice from those who have none to give!” Believer’s Bible Commentary

Personal opinions concerning not going to law with an unbeliever is the liberty of each and every one of Christ’s saints. We are never judge another believer on something that is not essential to his salvation. Romans 14

When we are done wrong in our community for example we are told to “give place unto wrath”… or give place to the civil authorities to deal with it (Romans 12:19). And this is what precedes what we know as the God-ordained civil authority chapter to punish evil doers. Also 1 Peter 1:13-14.

“Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord.” Romans 12:19 

Another commentator writes the following on this matter:

“The whole context of 1 Corinthians 6:1-6 deals with disputes in the church, but Paul does reference the court system when he speaks of judgments concerning things pertaining to this life. Paul means that the court system exists for matters of this life that are outside the church. Church problems should not be taken to the court system, but should be judged within the church.

Acts chapters 21–22 talk about Paul being arrested and wrongfully accused of a crime he did not commit. The Romans arrested him and “the commander brought Paul inside and ordered him lashed with whips to make him confess his crime. He wanted to find out why the crowd had become so furious. As they tied Paul down to lash him, Paul said to the officer standing there, ‘Is it legal for you to whip a Roman citizen who hasn’t even been tried?’” Paul used the Roman law and his citizenship to protect himself. There is nothing wrong with using the court system as long as it is done with a right motive and a pure heart.

In summary, should Christians take each other to court over church matters? Absolutely not! Should Christians take each other to court over civil matters? If it can in any way be avoided, no. Should Christians take non-Christians to court over civil matters? Again, if it can be avoided, no. However, in some instances, such as the protection of our own rights (as in the example of the apostle Paul), it may be appropriate to pursue a legal solution.”

God is Justice and Commands Justice in the Earth

“The God of Israel said, the Rock of Israel spake to me, He that ruleth over men must be just, ruling in the fear of God.” 2 Samuel 23:3

Deuteronomy 16:18-20 Justice

Deu 16:18  Judges and officers shalt thou make thee in all thy gates, which the LORD thy God giveth thee, throughout thy tribes: and they shall judge the people with just judgment. 
Deu 16:19  Thou shalt not wrest (pervert) judgment; thou shalt not respect persons, neither take a gift: for a gift doth blind the eyes of the wise, and pervert the words of the righteous. 
Deu 16:20  That which is altogether just shalt thou follow, that thou mayest live, and inherit the land which the LORD thy God giveth thee. 

Adam Clarke on Deuteronomy 16:18-20

“Judges and officers shalt thou make – Judges, שפטים shophetim, among the Hebrews, were probably the same as our magistrates or justices of the peace. Officers, שטרים shoterim, seem to have been the same as our inquest sergeants, beadles, etc., whose office it was to go into the houses, shops, etc., and examine weights, measures, and the civil conduct of the people. When they found any thing amiss, they brought the person offending before the magistrate, and he was punished by the officer on the spot.”

John Wesley on Deuteronomy 16:18-20

“Deuteronomy 16:18
Judges – Chief magistrates to examine and determine causes and differences. Officers – Who were subordinate to the other to bring causes and persons before him, to acquaint people with the sentence of the judges, and to execute their sentence. Thy gates – Thy cities, which he here calls gates, because there were seats of judgment set. Pursuant to this law, in every town which contained above an hundred and twenty families, there was a court of twenty three judges; in the smaller towns, a court of three judges.”

William MacDonald on Deuteronomy 16:18-20

“16:18-20 Judges must be honest, righteous, and impartial. They should not accept a bribe because a bribe makes a man incapable of judging fairly.” Believer’s Bible Commentary

Though perfect justice will come when Christ returns and sets up His kingdom, it seems to this disciple that believers are to in a measure execute divine justice in the earth. In this disciple’s perspective, it seems that God at times uses His people to facilitate or dispense His justice.

Psalms 149
Psa 149:1  Praise ye the LORD. Sing unto the LORD a new song, and his praise in the congregation of saints. 
Psa 149:2  Let Israel rejoice in him that made him: let the children of Zion be joyful in their King. 
Psa 149:3  Let them praise his name in the dance: let them sing praises unto him with the timbrel and harp. 
Psa 149:4  For the LORD taketh pleasure in his people: he will beautify the meek with salvation. 
Psa 149:5  Let the saints be joyful in glory: let them sing aloud upon their beds. 
Psa 149:6  Let the high praises of God be in their mouth, and a twoedged sword in their hand; 
Psa 149:7  To execute vengeance upon the heathen, and punishments upon the people; 
Psa 149:8  To bind their kings with chains, and their nobles with fetters of iron; 
Psa 149:9  To execute upon them the judgment written: this honour have all his saints. Praise ye the LORD.

Psalm 9

Psa 9:16  The LORD is known by the judgment which he executeth: the wicked is snared in the work of his own hands. Higgaion. Selah. 
Psa 9:17  The wicked shall be turned into hell, and all the nations that forget God. 
Psa 9:18  For the needy shall not alway be forgotten: the expectation of the poor shall not perish for ever. 
Psa 9:19  Arise, O LORD; let not man prevail: let the heathen be judged in thy sight. 
Psa 9:20  Put them in fear, O LORD: that the nations may know themselves to be but men. Selah. 

“Wherefore the law is holy, and the commandment holy, and just, and good.” Romans 7:12

“Clouds and darkness are round about him: righteousness and judgment are the habitation of his throne.” Psalms 97:2

“All that found them have devoured them: and their adversaries said, We offend not, because they have sinned against the LORD, the habitation of justice, even the LORD, the hope of their fathers.” Jeremiah 50:7

“The LORD bless thee, O habitation of justice, and mountain of holiness.” Jeremiah 31:23

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