Introduction

    Jesus laid down very clear teaching about one Christian suing another Christian.  Let us start by carefully reviewing the passage in 1 Corinthians 6:1-8.

     1.  The Unrighteous Problem with Lawsuits: No Secular Courts.   In verse one, Jesus identifies the issue of one believer going against a neighbor.  Jesus used the word "dare" ("Τολμᾷ") to confront any believer who has been insolent enough to file a lawsuit against another believer in a secular court.  The problem in verse one centers around the choice of venue to settle the legal dispute.  Believers have no option but to seek justice in the church, and not before the unrighteous in secular law courts presided over by unrighteous judges in front of unrighteous populations.   Jesus forbids the unrighteous to sit in judgment upon the righteous in secular courts.

        Jesus also draws an important contrast here.  Do you bring your legal claim "in the presence of" the unrighteous, or "in the presence" of the church?  Christians must make a decision: (1) bring my claim against my brother in front of all the unrighteous; or (2) bring my claim against my brother in front of the church.  Jesus strongly implies here that public lawsuits always involve airing dirty laundry before unrighteous people, and He forbids such actions.

        I have practiced civil law for more than twenty years.  I have heard a variety of reasons why Christians bring lawsuits in secular courts against other Christians.  If you seek the blessing of Jesus Christ in your life, or the life of your business, then do not file suit against a believer in secular courts.  Why not? Because Jesus taught believers to refrain from entering the unrighteous court system with unrighteous judges sitting in judgment upon the righteous believers with the unrighteous public looking on.  Jesus absolutely forbids one Christian from filing a lawsuit against another Christian.

     In one lawsuit, one church was suing the denomination over the retirement program and the ownership of certain property after a split.  The faction filing suit said the judge hearing the case in secular court was a Christian, so they alleged it was fine to use the secular court system.  Such an argument misses the entire point of this passage.  The problem is that the secular court system means you bring the suit "before the unrighteous."

       In another lawsuit, one believer justified his lawsuit against a church corporation by saying he merely sought a declaratory judgment.  He claimed that a declaratory judgment is not really a lawsuit, but merely a "petition for declaratory relief."  In Florida, such declaratory actions are controlled by Florida Statute 86.011(2009), which provides:

86.011  Jurisdiction of trial court.--The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed. No action or procedure is open to objection on the ground that a declaratory judgment is demanded. The court's declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment.

Please notice that the circuit and county courts declare "rights, status and other equitable and legal relations . . . ."  Furthermore, the court's declaration "has the force and effect of a final judgment."  Because the unrighteous judge now decides the equitable and legal relations between the parties, and in essence renders a final judgment, a declaratory judgment amounts to a lawsuit and Jesus forbids all such lawsuits before the unrighteous judges.

     2.   The Saints Must Judge the Saints: No Secular Judges.   In verse 2, Jesus reminds everyone that the saints will judge the world, and, therefore, saints alone are competent to constitute the smallest law courts.  When anyone files suit against another believer in a secular court, they are forgetting or ignoring that Jesus said saints alone are competent to constitute even the smallest law courts, where every matter one believer has against another believer must be resolved.  Jesus means here that the saints will judge the world, and that judgment will be broad.  In contrast, the disputes among saints alive on earth amount to relatively small matters.  Of course, saints must judge the small matters because later they will judge the large matters.  So, if anyone intends to argue that saints are not competent to be judges, because they did not go to law school, or have no experience in secular courtrooms, or do not know the rules of evidence or civil procedure, then Jesus flatly refutes any such charge by showing that He Himself has invested the saints with all authority to judge not only the disputes among the saints on earth now, but later the saints will judge entire world.

     3.   The Saints Must Judge Matters of This Life: No Limits to Church Jurisdiction.   In verse 3, Jesus puts all matters of this life under the jurisdiction of the saints in the local church and declares believers competent to pass judgment upon other believers.  Jesus first reminds the saints that, in the future, they will sit in judgment upon the angels, (remember that Michael, an archangel, did not dare to pronounce railing judgment against the devil--Jude 9).   Jesus has given the saints the authority, power and wisdom to judge matters of this life, which are less weighty than judging angels.  Therefore, Jesus has invested the saints with full jurisdiction over all matters of this earthly life, and every conflict between the brethren.  The church has no jurisdictional limits upon its ability to hear all disputes among the brethren.

      4.   Secular Judges Are No Account in the Church: Do Not Appoint Them To Settle Disputes.  In verse 4, Jesus asks why any believer would seek a decision from a secular judge who is no account ("ἐξουθενημένους") in the church.  Jesus has already proved that saints must never go to law before the unrighteous, because saints alone must judge all disputes concerning matters of this life.  When any saint files any legal action against another believer in front of the unrighteous (in any secular court), then that saint has effectively appointed a secular judge to decide a dispute among saints.  Jesus identifies the problem here as the secular judges, even secular judges who may have saving faith in Christ.  A secular judge works in a secular court system, and that system was never intended for believers suing believers.  If you think you can bring your lawsuit in secular court, because you have a Christian judge, think again.  Jesus said those judges, appointed to fill secular seats on the bench, are of no account in the church.  A friend of mine argued (wrongly) that the saints can bring theological matters before the secular courts, because the passage here in verse 4 speaks only of "matters of this life" ("βιωτικὰ"). This argument must surely fail because of the first three verses alone.  First, saints never bring any matter of this life before secular judges because the unbelievers see that saints cannot resolve their own differences.  Second, bringing matters of this life before secular judges in secular courts exposes disputes between saints to the unbelieving public.  Finally, secular judges are of no account in the church.  So, Jesus means that saints should not bring the "matters of this life" before secular judges in secular courts.  But what about theological matters, and not "matters of this life"?  We know that only wise men, often elders in the church, settle disputes among believers.  We will see that in this passage.  You may also review Galatians 1:18-2:10, Acts 15, 1 Timothy 5:17, Hebrews 13:17, Acts 20:25-30, 1 Peter 5:1-4, 1 John 4:1-3, and Titus 1:10-16 to gain some perspective on the things elders do in shepherding the flock of God, including settling theological matters.  Nowhere in the New Testament would we see any assembly or saint submitting a theological dispute to secular judges.  While Paul appeared before secular courts, just like Jesus did before Him, neither Paul nor Jesus sought rulings on theology to be implemented in the local assemblies.  Paul certainly claimed he was on trial because of theological differences, but he used that argument as part of his defense against a charge of criminal misconduct (Acts 24:1-26:32).  On the contrary, the secular judges were acting in their criminal capacities, determining if either Paul or Jesus had committed crimes.  1 Corinthians 6 does not deal with criminal matters, but civil litigation.  Romans 13 brings criminal actions into the realm of the secular courts for enforcement, even by the sword if necessary.  Therefore, any claim that we should submit "theological" controversies to the secular courts completely misses the teaching of 1 Corinthians 6, but the rest of the New Testament as well.  Jesus did not intend to limit His condemnation of secular lawsuits among believers to cases involving "matters of this life," but only used that phrase in part of His argument against why no secular judge sitting in a secular courtroom should ever decide even a small matter of this life concerning two believers.

     5.  Saints Suing Saints in Secular Courts Means Shame.  In verse 5, after describing all the reasons saints must avoid suing saints in secular courts, Jesus then said that such suits bring shame upon the saints, and by implication, upon His name.  Jesus then directs the saints to appoint a wise man to decide the matter between the brethren.  So many believers do not grasp the seriousness of our testimony before Christ and the world.  We should always be careful to avoid bringing shame ("ἐντροπὴν") upon the name of Christ Jesus.  Paul uses this same word to command the Corinthians to be sober-minded and stop sinning (1 Corinthians 15:34).  Paul linked this sinful behavior with the effect of that sinful behavior upon people who have no knowledge of God.  Some people look at believers to understand what it means to know God and have God in your life.  When you sin, then you shame yourself  and the name of God in the eyes of the world who watches your sinful behavior.  Instead, we should find a wise man ("σοφὸς") who will be able to decide the matter between the saints.  Please recall that Paul uses this term for wisdom in a precise way in 1 Corinthians.  He explained previously that the world by its wisdom did not come to know God (1 Corinthians 1:18-31).  The wisdom of this age, and this world, does not lead to a knowledge of God and His will, and so only believers possess the wisdom and love of God sufficient to decide any matter between the saints (1 Corinthians 2:7-16; 1 John 4:8).

     6.  Brothers Going to Law before Unbelievers: Never.  In verse 6, Jesus re-emphasizes that Christians must only go to the church to resolve their disputes, with a wise man deciding the matter.  Never use secular courts with "no account" judges to resolve any matter of this life between two saints.   We should never bring our disputes before unbelievers in the secular courts.

     7.  Lawsuits Means You Are Already Defeated: Better To Be Wronged and Defrauded.  In verse 7, Jesus states that the mere presence of lawsuits among believers means those believers are already "defeated"("ἥττημα").  The original language here indicates a total and complete overthrow, a complete and utter defeat.  Most people file suit to win the case and assert their legal rights.  Jesus teaches us that we have already lost the moment we file suit against another saint.   While secular Greeks sought "victory" (nike) in lawsuits and battles, saints have already suffered "defeat" by the mere presence of lawsuits.  Jesus said saints are better off "wronged" ("ἀδικεῖσθε") (treated unjustly) or "defrauded" ("ἀποστερεῖσθε") (robbed of what you own) than to go to law in secular courts, believer suing believer.  If you sue another believer in secular court, then both of you will lose to your shame.

     The practical implication of this teaching means that believers do not respond in court to believers filing a lawsuit.  They respond in the church by appointing a wise man to decide the matter, even if only one saint shows up for the proceeding.  Merely filing a lawsuit in secular court brings shame upon the entire church, and shows the believer filing such action to be squarely against the teachings of Jesus Christ.  The church should immediately follow the pattern of Matthew 18:15-18.  First, the person filing the lawsuit should be confronted in love by a single brother.  Second, if the person fails to repent and dismiss the lawsuit, then two brothers should go to the brother.  Third, if the person still fails to repent and dismiss the lawsuit, then the matter should be brought before the church.  Fourth, the church should then render a decision about the person filing the lawsuit.  If the person still fails to dismiss the lawsuit, then he should be treated as an unbeliever.

    No believer should ever file a lawsuit against another believer merely because the first believer will not submit to the jurisdiction of the church to resolve the dispute in the church.  In that case, Jesus teaches that believers should be willing to suffer wrong or be defeated.

     8.  Lawsuits Mean You Wrong and Defraud the Brethren.  The effect of lawsuits means that one believer will be wronging and defrauding the brethren.  No believer should engage in such conduct.

     Often, one believer will turn to the secular court system because they cannot get the other believer to appear in the church for a wise man to resolve the dispute.  They claim to justify such a lawsuit because they only want to force arbitration (an arbitrator, after hearing the evidence, renders a final decision binding on the parties and enforceable in court) or to send the parties to mediation (a mediator talks with the parties, but renders no decision).  Jesus did not allow believers to file lawsuits to decide matters of this life in secular courts for any reason.  If a believer wants to go to mediation, then seek mediation in the church, not through a secular court.  If a believer wants someone to decide a dispute with another brother, then appoint a wise man in the church.  In all matters, Jesus never allowed lawsuits among believers for any reason.  He said it was better to be wronged or defrauded than to file suit in secular court.  He recognized no exceptions in civil matters between two saints.  Criminal cases are an entirely different matter.

     Some believer may argue they are only suing the church, a non-profit corporation.  The same principles here that apply to suing individuals would also govern suits against non-profit corporations.  All corporations, profit corporations or non-profit church groups, act through agents of the corporation.  Those agents of the non-profit corporation are ultimately saints in the church.  The same reasons given by Jesus for not suing individual believers would also apply to suing church corporations.

Summary

     Jesus provided only one rule for lawsuits against believers: believers must not sue one another in secular courts.  He explained that only saints should judge saints, and believers bring shame upon all believers by going to law before the unrighteous.  Finally, Jesus said believers should allow other believers to wrong or defraud them in secular courts.  While the sinful believer files suit in secular court, the righteous believer goes to the church and seeks a decision from a wise man in the church.  Furthermore, the believer filing suit in court should be disciplined in the church for filing suit in secular court and, if that believer fails to dismiss the suit, he should be treated ultimately as an unbeliever.  Do you want the blessing of Jesus to resolve your disputes or do you intend to ignore Jesus and file suit?