1 Corinthians & Lawsuits
When is it right for a believer to go to court?
In 1 Corinthians, Paul addresses lawsuits among believers. There is some debate on how far this passage goes in application. Is this a universal prohibition or does it only apply to a particular context in the Corinthian church? How should we apply 1 Corinthians 6?
As I was studying for this post, I came across a section of Ken Sande's wonderful book, The Peacemaker. In Appendix D, he seeks to answer the question, "When is it right to go to court?" This section particularly addresses 1 Corinthians 6 and how it applies to believers today. There is a lot of helpful information in there, and I would highly recommend it to you.
There are two things in particular that I found relevant to our discussion here. First, one must determine to whom 1 Corinthians 6 applies. Sande offers three potential explanations, himself agreeing with the third. The options offered are as follows:
It forbids lawsuits against both Christians and non-Christians
It forbids any and all lawsuits between people who profess to be Christians
It forbids Christians to sue persons who are members in good standing of a church that is faithful to Scripture1
Throughout 1 Corinthians 6, it is clear that Paul is discussing lawsuits between believers. Verse 1 provides the context, identifying the issue of one of the Corinthian believers taking another believer and bringing them before unsaved judges rather than the saints. Verse 6 identifies them again as brothers taking brothers before unbelievers. Paul is advocating against believers taking fellow believers to court.
Second, one must consider jurisdiction. The church has been given jurisdiction over spiritual matters (as we discussed last week when we addressed church discipline). However, civil government has God-given jurisdiction over criminal acts (see Genesis 9:4-7; Romans 13:1-7; 1 Peter 2:13-14). In instances where a criminal offense has occurred, believers ought to “be in subjection to the governing authorities,” allowing them to serve as “an avenger who brings wrath on the one who practices evil” (Rom. 13:1, 4).
How then should we apply 1 Corinthians 6? In cases where it is a matter of civil judgment, believers ought to avoid suing fellow believers. Instead of taking the matter straight to court, they should follow the process Jesus outlined in Matthew 18. Only if church remedies have been completely exhausted should a believer consider filing a lawsuit (as going through the entire process could indicate that the other individual is an unbeliever or their church is not faithful to Scripture in this instance). Even then, one must consider if the rights they are seeking to enforce are legitimate and if they have a righteous purpose behind their actions. Even then, one must consider 1 Corinthians 6:7: “Why not rather be wronged? Why not rather be defrauded?” Believers should prefer being wronged and defrauded rather than suing another believer and thus bringing shame to the name of Christ.
Even if a believer is technically within their rights to sue another individual, one must always consider the potential reproach it could bring on the name of Christ and his bride. Believers should seek to avoid suing another believer.
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Soli Deo Gloria,
Caleb Friske
Sande, Ken. The Peacemaker. Grand Rapids, MI: Baker, 2004.