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Frivolous Lawsuits

Date:  2014-02-16 (Volume 11, Issue 7)
Author:  Lanny Smith


Frivolous Lawsuits

Date:  2014-02-16 (Volume 11, Issue 7)
Author:  Lanny Smith

In 1 Corinthians 6:1-11, Paul addresses what could be called frivolous lawsuits 
among brethren. As usual, there are extreme veiwpoints about this text, 
both "liberal" and "conservative." The ultra-liberal would ignore what the 
text teaches, and allow lawsuits without restriction. The ultra-conservative 
would make any legal action by a Christian sinful. On the very surface, it 
should be evident that these are extremes. Clearly, Paul forbids a Christian 
to "go to law" in some sense, so the view of the ultra-liberal, who would 
allow any kind of lawsuit is wrong. On the other hand, there are times when 
it is necessary and essential to use legal action -- even against a brother in 
the Lord. The first example which comes to mind is if a Christian needs to divorce their spouse for "sexual immorality" (Mt.19:9). Since it is clear that some legal actions are 
authorized, we would do well to consider the actual teaching of these verses, in order to understand what kind of lawsuits are forbidden here. There are five 
"contextual limitations" to the proper application of this text.

1. The issues were trivial (vs. criminal, v.1-2). Paul asks, "are you unworthy 
to judge the smallest matters?" (v.2). It is clear that the issues under 
consideration did not involve criminal matters, such as armed robbery, 
murder, rape, etc. Examples of the "smallest matters" might include 
some personal slight or insult, or the failure to repay a small debt. 
Christians should be able to handle such trivialities among themselves, 
without involving civil courts, which are usually comprised of "the 
unrighteous." It is distasteful, to say the least, to see the family of God 
taking such trivialities before unbelieving judges. On the other hand, 
if your brother in the Lord were to rape your wife, then he would come 
under civil jurisdiction (Rm.13:1-4). It would not violate the text to go 
to law against such an one!

2. The issues were temporal (vs. eternal, v.3-4). Paul said that their 
lawsuits involved "judgments concerning things pertaining to this 
life" (v.4). What this means is that we are not dealing with doctrinal 
or spiritual issues per se. But further, if we can handle those spiritual 
disputes which involve our eternal destiny, then surely we should be 
able to handle these minor and temporal disputes! It does not speak 
well of us if we can't resolve such minor things. It betrays within us a 
carnal mind -- one which cannot please God (Rm.8:5-8)!

3. The issues were internal (vs. external, v.5-6). We have already noted 
that it is shameful to see brethren take each other to court over trivial 
matters. In these verses, Paul states this emphatically: "I say this to your 
shame. Is it so, that there is not a wise man among you, not even one, 
who will be able to judge between his brethren? But brother goes to law 
against brother, and that before unbelievers!" (v.5-6). Faithful saints 
ought to be big enough to talk to one another, and settle things like a 
loving family. Sadly, many Christians refuse to talk to their brother or sister, 
and insist that it is the OTHER party's obligation to come to them. But in 
truth, the obligation to seek resolution rests on BOTH "sides" of such 
disputes (Mt.5:23-24; 18:15-17). [It is also true that, in some cases, an 
unscrupulous and irreconcilable brother may use your attempt at 
resolution to gain further ammunition against you. Hence, cautious 
judgment may lead one to avoid further contact with some brethren 
(Rm.12:18). But know this: you WILL answer to God for that decision; 
so make sure it's the right decision!]

4. The issues revealed predatorial motives (vs. fraternal, v.7-8). In other 
words, those "going to law" were NOT seeking justice! Instead, they 
were seeking to "do wrong and cheat" their own brethren (v.8)! This 
betrays the basest of motives among those who should be spiritually 
and fraternally minded. A modern-day example of this predatorial 
mind-set is seen in the person who sued McDonald's for serving "hot" 
coffee. Any reasonable person knows that when you buy coffee, it's 
going to be hot! To turn around and sue them for your own clumsiness 
vividly displays this predatorial attitude. Other examples include suing 
tobacco companies for getting cancer (Duh!), and suing restaurants for 
getting fat (Say what?!). Further, when BRETHREN behave in this way, 
it is even worse, because they should know better (Ga.5:13-15)!

5. The issues revealed carnal motives (vs. spiritual, v.9-11). It is no 
accident that Paul used the word "extortioners" (cf. v.10). By seeking to 
"do wrong and cheat" their own brethren (v.8), these litigious saints 
became "extortioners!" This misuse of civil power showed that they 
were reverting back to their old, carnal lifestyle. Paul reminds them that 
"the unrighteous (wrongdoers) will not inherit the kingdom of God" 
(v.9). It should be noted that the phrase, "do wrong" (v.8), comes from 
the same Greek word as "unrighteous" (v.9). To seek to do your brother 
(or anyone else) wrong via the civil courts betrays the carnal mind-set to 
which Paul referred in verses 9-10.

These are five contextual limitations to Paul's teaching about lawsuits 
among brethren. In short, the passage forbids lawsuits among brethren 
which involve trivial, temporal, internal, predatorial, and carnal matters. 
Let us learn these limitations, so we may properly apply this text.

--Lanny Smith

  
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