Is It a Sin to Take Someone to Court?

Is it wrong to use the courts as a means of recouping your money, or receiving compensation for damage, from someone who has cheated you, damaged your property, or just simply refused to pay what he owes you, even though he is financially solvent? As with all questions of this nature, our concern is with what the Bible says. What some have concluded based on one or two passages may not be what the Bible teaches. The truth is ascertained by studying all teaching on the subject (seeking harmony), realizing that we cannot construe one passage so as to contradict another.

I begin this study by looking at passages that teach the need for judgment--showing that it is not God's intention for evil to prevail or for unbelievers to take advantage of His people. This is the very reason He set up courts in Israel and sanctions government today.

God looks upon "judgment" as something good. Note the following passages:

"By me kings reign, and princes decree justice" (Prov. 8:15).

What happens when there is no judgment or justice? Here is the answer: "Because sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil" (Ecc. 8:11). From this we must conclude that not only should an "evil work" be dealt with by man, but it should be taken care of "speedily"; otherwise, evil triumphs.

"O princes of Israel: remove violence and spoil, and execute judgment and justice...saith the Lord GOD" (Ezekiel 45:9).

Here we learn that God made arrangements for judgment in order that justice might be realized. This, of course, would involve civil lawsuits when someone has been unethically taken advantage of by another.

"And thou, Ezra, after the wisdom of thy God, that is in thine hand, set magistrates and judges, which may judge all the people that are beyond the river, all such as know the laws of thy God; and teach ye them that know them not. And whosoever will not do the law of thy God, and the law of the king, let judgment be executed speedily upon him, whether it be unto death, or to banishment, or to confiscation of goods, or to imprisonment" (Ezr 7:25-26).

This passage concerns not only the command to set up judges for the purpose of managing civil cases but also specifies the possibilities (options) for punishing those who commit acts contrary to the law of God.

"And I charged your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him" (Deuteronomy 1:16). This seems to be more about civil cases--like our small claims court.

The following passages are sometimes misinterpreted to support the idea that it is wrong to take someone to court:

"Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord" (Rom. 12:19). Taking someone to court, after all efforts to settle out of court fail, is not "taking vengeance"--it is seeking justice.

"And unto him that smiteth thee on the one cheek offer also the other; and him that taketh away thy cloke forbid not to take thy coat also. 30 Give to every man that asketh of thee; and of him that taketh away thy goods ask them not again" (Luke 6:29-30).

To understand the meaning of the above text, in a manner that harmonizes with other teaching pertaining to justice, we must take a look at the context, which is clear from the previous two verses: "But I say unto you which hear, Love your enemies, do good to them which hate you, Bless them that curse you, and pray for them which despitefully use you."

Verse 29 is about our response to our enemies, which we hope to gain through love. "30 Give to every man that asketh of thee; and of him that taketh away thy goods ask them not again."

Barnes makes no comments for verse 30, but instead refers the reader to his comments on Matthew 5:42:

"'Give to him that asketh thee, and from him that would borrow of thee turn not thou away.'
Give to him that asketh thee - This is the general rule. It is better to give sometimes to an undeserving person than to turn away one who is really in need. It is good to be in the habit of giving. At the same time, the rule must be interpreted so as to be consistent with our duty to our families 1 Timothy 5:8 and with other objects of justice and charity. It is seldom, perhaps never, good to give to a person who is able to work, 2 Thessalonians 3:10. To give to such is to encourage laziness, and to support the idle at the expense of the industrious. If such a one is indeed hungry, feed him; if he needs anything further, give him employment. If a widow, an orphan, a man of misfortune, or an infirmed man, lame, or sick, is at your door, never send any of them away empty. See Hebrews 13:2; Matthew 25:35-45. So this is true of a poor and needy friend that wishes to borrow. We are not to turn away or deny him. This deserves, however, some limitation. It must be done in consistency with other duties. To lend to every worthless man would be to throw away our property, encourage laziness and crime, and ruin our own families. It should be done consistently with every other obligation, and of this everyone is to be the judge. Perhaps our Saviour meant to teach that where there was a deserving friend or brother in need, we should lend to him without usury, and without standing much about the security.”

31 "And as ye would that men should do to you, do ye also to them likewise."

This is the golden rule. If you are guilty of taking advantage of me, such as failing to pay the rent when you have the money, would I be doing you a favor if I let it go? And what about the other people who will be robbed if everyone turns a blind eye?

Scripture that condemns a Christian's taking a fellow brother or sister to civil court:

1 Corinthians 6:1, 2; 6, 7

"Dare any of you, having a matter against another, go to law before the unjust, and not before the saints? 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?...6 But brother goeth to law with brother, and that before the unbelievers. 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?"

The Bible requires us to be forgiving; however, this passage obviously does not apply to unbelievers, but rather to Christians who acknowledge that they are guilty of misconduct and who seek our forgiveness. When the issue is with another Christian, Paul says it would be better for one to allow himself to be defrauded than to take the matter to civil court.

Conclusion

Christians are to be forgiving, loving, patient, and congenial. This requires that we do everything possible to settle matters out of court. But the Bible does not teach that Christians must allow people to deliberately take advantage of us, knowing that they will do the same to others if not given reason to fear immediate judgment. Once people get the idea that Christians are not going to sue them, no matter what they do, Christians will be their only target. If it were a sin to take unbelievers to civil court, it would be virtually impossible for Christians to run certain businesses.

God set up courts for a reason and sometimes it is necessary and prudent to use those courts. At times it may be more costly, time consuming, and troubling than it appears to be worth. But on occasion it is the right thing to do--not just for our own sake (monetarily) but for the sake of the wrongdoer and others whom the evildoer will defraud if we let it go.

Before taking another to court, we (Christians) should ask, "Is this about revenge or justice?" While revenge is not a justifiable reason to take a man to court, the action is justifiable if the motive is to seek justice.