PART 15 I AM AN OVERCOMER

What kind of lawsuits are we allowed to pursue?

15

Implementing Legal Confidences

This topic could be one of the most controversial in Christian theology. Here it is.

Should a believer take another believer to court?
Some would say absolutely not because Scripture is clear on this. Based on the standard interpretation of the verses used to support their argument, I’d agree. However, now I’m not so sure.

A classic situation involving such took place in a church I was involved with in the middle 80’s. It was alleged by a wealthy woman who was attending this ministry that she was coerced out of giving millions of dollars. She filed suit to prove this was so. To my surprise, the courthouse where this case was presided over was in my hometown.

Unfortunately, I was unable to attend, but years later, I was able to obtain transcripts of most of the testimony. The trial of the merits lasted for three weeks. The day came when the prosecution and defense rested, and the judge had to decide the outcome. It was determined that she gave three large financial gifts, along with a number of smaller ones, under a legal rendering known as undue influence.

To better understand what this means, here’s a description of it. In contract law, a [defense can] be used by a party to argue against the formation of a binding contract between two parties. The use of undue influence by one party over another puts the free will of one of the parties entering the contract into [question and,] therefore, leads to the contract being unenforceable and voidable by the victim party. To prove undue influence, a party must show that one party to the contract is a person with weaknesses [that make them likely to be affected by such persuasion] and that the party exercising the persuasion is someone in a special relationship with the victim that makes the victim especially susceptible to such persuasion.96

Having lost the case and being unable to pay the plaintiff back the money, the church filed for bankruptcy. This question remains.

Is it biblical for a Christian to take another Christian or church to court?
What do you think? Let’s look at the prominent verses used to support the belief that a believer should never take another believer to court. Please turn in your Bible to the Book of 1 Corinthians.

Suggested Reading: 1 Corinthians 6:1-8

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

I have read this verse many times. At face value, it appears to be saying that when a civil issue occurs between believers, they shouldn’t bring it before an outside institution and have it be decided before the unjust (pagan judges).

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?

It was recommended that someone in the church whom the Apostle Paul termed a wise man be put in charge of settling a dispute between the brethren. But who is a wise man? In Koine Greek, this is a believer endowed with spiritual and practical wisdom.97

Based on what’s been presented, it appears to be case closed. But many of you know, if you happen to watch TV shows that highlight a murder case, all it takes is one piece of evidence (e.g., DNA, videotape, blood sample, etc.) to substantiate who the person was at the scene of the crime that committed the atrocity. Well, this topic is no different. There’s a verse that I didn’t highlight that provides the clue that will break this case. Are you ready for it?

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?

The two words that give us a hint as to what kind of situations should be decided by the brethren are those involving the smallest matters.

Smallest Matters
These words have a cultural connotation. They were referred to as minor offenses in the lesser Jewish courts (known as a Bench of Three Judges or The Bench Not Authorized and was chosen by the parties between whom the controversy depended). Within the jurisdiction of this court came suits for debts, robbery, bodily injuries, compensation for damages, and thefts which involved a twofold, fourfold, or fivefold value to the proprietor [(Ex 22:1-9), seduction] (persuade to do something bad or wrong), slander (a spoken statement that harms a person’s reputation in an unfair way and makes others laugh at or hate the person98). In today’s society, some of these actions would be considered criminal.

For such infractions, if they were to occur in the USA today, they’d be constituted as civil cases that would be handled in small claims court. Here’s a list of some of them.

Breach of contract disputes
Personal injury (such as dog bites)
Collection on debts or loan repayments
Professional negligence (like bad car repairs)
The return of a renter’s security deposit or personal property
Issues with contractors or home remodels
Property damage
Eviction notices or unlawful evictions
Libel or slander cases

Major Matters
Criminal offenses, whether punishable by death or not, were brought before one of the two Jewish higher courts: the [71-member Sanhedrin and the 23-member Sanhedrin]. Both of these higher courts dealt with major offenses. Some of these offenses are known today as capital offenses. Capital offenses are [offenses] which are punishable by death. … Under the Mosaic [Law,] according to Ex. 21; 31, Deut. 22, and Lev. 20, these offenses were subject to the death penalty: kidnapping, murder, adultery, working on the Sabbath, rape, [homosexuality,] bestiality, etc. Examples of civil [cases whose penalty is not death and is considered a major offense are: incestual relations between a brother and sister,] following after familiar spirits, etc.99

I think we’ve found the answer to the question at hand.

Should a believer take another believer to court?
Yes and no. Huh? As determined by the court system of the day, minor [offenses should be decided within] the church. Major offenses should be determined in a trial court of law. Here’s another question to consider.

In the USA today, what kind of offenses would be considered major offenses or felonies, described as carrying a sentence of more than one year?

Examples of crimes against people that are felonies:
Murder
Manslaughter
Rape
Kidnapping
Drug Offences
Human Trafficking
Armed Robbery
Extortion
Child Pornography

Examples of crimes against property that are felonies:
Grand Theft Auto
Embezzlement
Securities Fraud
Burglary
Arson
Forgery
Vandalism
Larceny100

I hope this helps to clear up this often-misunderstood topic. I didn’t leave you with any more verses on this subject, as it appears to be clear cut.

What we’ll discuss next has to do with what do we do when we have nowhere or no one else to turn to.