Taking the Nonbeliever to Court

The Purpose of Government

In Sunday school this week we were discussing the teachings of Deuteronomy 16:18–22. We spent time looking at Matthew 5:21–26 and 1 Corinthians 6:1–8 to support the need for church courts in cases of settling disputes between brothers as a last means of reconciliation and mercy. The discussion of church courts itself deserves attention but I want to spend some time on a question that was asked of me afterwards: “What do we do about a nonbeliever and a Christian? Should a Christian ever take a nonbeliever to the secular courts?” In short, my response was “in petty cases, no, in serious cases, yes.” I hope now to delineate a bit more of what qualifies as ‘petty’ and what qualifies as ‘serious’. Keep in mind that this discussion relates to two parties, one in the faith and one outside the faith. If both are in the faith and you are wondering if they ought to seek out the secular courts please read the passages mentioned above. Before getting into specifics of cases it is important to know what should be expected from governing authorities and to whom they are subject. 

Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God. Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation. For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same: For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil. Wherefore ye must needs be subject, not only for wrath, but also for conscience sake. For for this cause pay ye tribute also: for they are God's ministers, attending continually upon this very thing.

Romans 13:1–6

Be wise now therefore, O ye kings: be instructed, ye judges of the earth. Serve the Lord with fear, and rejoice with trembling. Kiss the Son, lest he be angry, and ye perish from the way, when his wrath is kindled but a little. Blessed are all they that put their trust in him.

Psalm 2:10–12

It really is no question that governing authorities are not to uphold man’s standards of righteousness but they are to serve the Lord with fear and to be instructed by him so as not to pervert justice—which God, not man, defines—and to execute his wrath and not that of man’s. Hebrews 2:2 tells us that the Law gave just recompense for wrongs committed. When we understand that the ‘civil law’ of the Old Covenant was an extension of the Ten Commandments—what to do when someone steals, commits adultery, etc.—we can better understand what God wanted not only for ancient Israel but for all the current world to know of what love and justice looks like. Remember, God defines love, not us. Love is the fulfillment of the Law which was accomplished by Christ. So, it is loving to have just scales, just weights and measures. God will hold men accountable in how they govern. After all, they are “God’s ministers.” It is vitally important to understand that God established Israel as a nation that would execute justice righteously. This applied to the foreigner and the Israelite in Israel. There was no distinction in this regard. There was a wall of division that was present with the ceremonial law—sacrifices, circumcision, temple usage, etc.—but morality was to be the same by all who lived in the land.

“Ye shall have one manner of law, as well for the stranger, as for one of your own country: for I am the Lord your God.”

Leviticus 24:22

So, in cases of theft, murder, rape, etc., the stranger was held to the same standard. In fact, it was because of this standard not being met by the Canaanites that they were expelled from the land and the Israelites were warned if they sinned as the Canaanites did they too would be vomited from the land (Lev. 20:22, 23). This is where we must begin when considering the question of a Christian and a nonbeliever going to court. Both are accountable to God, and the governing authorities are no different. It is true that we do not live in ancient Israel, and it is true that our own nation does not recognize God as the arbiter of justice, but we are those who are to hold to such. “Behold, the days come, saith the Lord, that I will raise unto David a righteous Branch, and a King shall reign and prosper, and shall execute judgment and justice in the earth” (Jer. 23:5). Our seeking for justice must be honorable to God for it is he who determines what is just.

The Law is Good if used Lawfully

For ye had compassion of me in my bonds, and took joyfully the spoiling of your goods, knowing in yourselves that ye have in heaven a better and an enduring substance.

Hebrews 10:34

But we know that the law is good, if a man use it lawfully; Knowing this, that the law is not made for a righteous man, but for the lawless and disobedient, for the ungodly and for sinners, for unholy and profane, for murderers of fathers and murderers of mothers, for manslayers, For whoremongers, for them that defile themselves with mankind, for menstealers, for liars, for perjured persons, and if there be any other thing that is contrary to sound doctrine; According to the glorious gospel of the blessed God, which was committed to my trust.

1 Timothy 1:8–11

I don’t pretend to have all details of this topic understood and on file in my mind. That is why much of what I am suggesting is in general terms with a few specifics that are evident. Evangelicalism's neglect of the Law being for training in righteousness has left the Law in relationship to the unconverted man. The Law condemns the natural man, but the spiritual man is no longer under condemnation. The Law has become good for him. The Law is spiritual, holy, good, and just—things the spiritual man is to be. In neglecting the richness offered us through it as redeemed people it has become difficult discussing matters such as this, we have to make up some ground. “The law is good if a man uses it lawfully . . . according to the glorious gospel of the blessed God.” The gospel and the law are only at odds when viewed from a meritorious viewpoint, that is not what I am arguing. We are to uphold the Law. Christ taught us the correct understanding of “eye for an eye, tooth for a tooth.” It does not mean, as the scribes and Pharisees taught, to retaliate when you are wronged (more on this later). Remember, we have judges to settle disputes. Don’t take it upon yourselves to execute judgment, that is the job for the governing authorities (read Romans 12–13 as one unit to see how Paul tells the Romans not to avenge themselves but that God has establish governing authorities for that purpose). It is not that we cannot appeal to the authorities, it is that we ought not to usurp the governing authorities and establish our own execution of wrath. This means that when governing authorities are wrong in executing wrath we are not to take it upon ourselves to see that God's wrath is upheld, he can take care of that himself. Christ taught us to pay taxes, to not resist the evil man. If governments uphold unjust scales they will not go unpunished. So, if a Christian feels the need to go to court with a nonbeliever he must seek nothing above what God calls just. If you witnessed a murder you are obligated to love your neighbor and call attention to it. If you were personally wronged you have the option to forgive and move on. But what if being wronged is not a mere inconvenience but has devastating consequences? Again, forgiveness can be granted without any charges being brought up. All matters of justice are to be established on the testimony of two witnesses—we could apply from this two forms of evidence like surveillance and DNA. We are also taught that in cases of false witnesses they would receive the penalty they sought the accused to receive (Deut. 19:19). A just recompense in certain cases for theft is that the owner receive double what was stolen. The crime is to the individual, not the State. A sentencing to spend time behind bars, apart from repaying the owner, for such a crime is an unjust punishment. “For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing which another challengeth to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbor” (Ex. 22:9)—we will return to this shortly. We see cases of accidents and neglect in the Law: “If an ox gore a man or a woman, that they die: then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit. But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman; the ox shall be stoned, and his owner also shall be put to death” (Ex. 21:28, 29). From this we can apply principles to manslaughter. We learn of the loving thing to do when a man is killed unintentionally. This applies to the owner and the property: the owner, if he was unaware, is acquitted, and the property that caused the death is to be destroyed. Having worked fatal vehicle accidents myself, I can assure you first hand that if ever my vehicle was involved in killing a person I would have it destroyed, it is the respectful and loving thing to do. Let us consider some more. “And if a man shall open a pit, or if a man shall dig a pit, and not cover it, and an ox or an ass fall therein; The owner of the pit shall make it good, and give money unto the owner of them; and the dead beast shall be his” (Ex. 21:33, 34). So much for OSHA. This principle, along with building a parapet on the roof, is why decks are to have guard rails, why lawnmowers have decks to cover spinning blades, and why after learning of inherit dangers such things as seat belts and airbags are introduced. This also teaches us that when an accident happens the property owner should cover the costs if he did not give proper attention to preventing injury. I do not say we need to have government mandates but that the wisdom of the Law teaches us to love our neighbor in such ways. A Biblically ideal society does not have large government, large governments are a curse. So much wisdom and so much patience we ought to have when seeking justice. We should be willing to set aside trifle incidents, like a paper cut, and love our neighbor enough to stand up for God's justice when he has been wronged.

Some Examples

So, perhaps you were involved in an accident and the cause of the accident was a known problem to the property owner and it can be proven to have been known (for accidental death see Deut. 19:4–6). Let’s say medical costs for the accident came up to $150,000 plus lost wages for two months. The loving thing for the owner to do is to cover the expenses. The Good Samaritan did such and was not involved in the cause of the man being left for dead. He poured on his oil, his wine, paid for the man's stay, and paid for the man's recovery time. It is just for the judges to handle the case in this way. 

Let’s say you had your lawnmower stolen from you and the thief was caught. Let’s assume there are two valid witnesses to testify against the man. The just thing for the judges to do is to have him return the mower along with at least a dollar amount of equal value to the mower, the mower plus what the mower costs. Since his crime was not against any other but the man whose property was stolen he is not to be charged with any crime against the State. It would be unjust for him to spend time in a dog kennel for stealing a mower. It would be wicked to cut off his hand. But the former is our situation today with socialism in the veins of American justice and the latter is our situation in some Muslim countries. Both are unjust. I digress. All this being said, the offended party may grant forgiveness to the man. He could go so far as to confront him, warn him of the error and sin of theft, gift him his mower, present the gospel, and go and purchase another. That is a merciful thing to do. It is a commendable thing to do. This becomes a bit more difficult if the owner has men working under him who depend on the equipment for their livelihood. Perhaps the owner does not have the means to simply buy another. Perhaps after confronting the thief he does not persuade him to return it. Is it loving to those who work under him to not pursue justice? This is why we must be patient and seek wisdom from God’s word in all matters of life.

As many as there are sins there are examples we could bring up. As fits this medium, this article is not intended to delve into every possible sin and crime but to begin to lay a basic foundation with few examples to help put the idea and process into the thinking of Christians who truly have dealt with issues like this. We cannot simply assume our American laws are just. If compensation for an accident goes into 10 and 100 times the cost of the accident you are not being loving by pursuing such or accepting such. It is an abomination to apply unjust weights and measures. “Divers weights, and divers measures, both of them are alike abomination to the Lord” (Pr. 20:10). 

A Pertinent Passage

Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also. And if any man will sue thee at the law, and take away thy coat, let him have thy cloak also. And whosoever shall compel thee to go a mile, go with him twain. Give to him that asketh thee, and from him that would borrow of thee turn not thou away.

Matthew 5:38–42

Doesn’t Jesus teach us to accept any harsh treatment put upon us? I don’t believe this is so. Remember, Jesus often snuck through the crowds when the Pharisees were seeking to lay ahold of him. But, more to the passage. We must consider what the Law said to understand what Christ was teaching.

“No man shall take the nether or the upper millstone to pledge: for he taketh a man's life to pledge. . . When thou dost lend thy brother any thing, thou shalt not go into his house to fetch his pledge. Thou shalt stand abroad, and the man to whom thou dost lend shall bring out the pledge abroad unto thee. And if the man be poor, thou shalt not sleep with his pledge: In any case thou shalt deliver him the pledge again when the sun goeth down, that he may sleep in his own raiment, and bless thee: and it shall be righteousness unto thee before the Lord thy God.”

Deuteronomy 24:6, 10–13

When considering these passages we can have a better understanding as to what Christ was correcting and what he was telling his hearers to tolerate. The principle of ‘an eye for an eye’ is found in Leviticus 24 and Deuteronomy 19. Both passages are referring to just punishment upon those who physically harm their neighbor. The punishment should fit the crime. Many times it is noted that Jesus is referring to insults when saying to turn the other cheek and not real physical injury like that described in Deuteronomy 19. Jesus is not saying we ought not resist when a man comes to us desiring our children so he can rape them. That is plain enough for all to see. But what is seemingly hidden in the Old Testament is the teaching of loans. First, to take a man's livelihood as security for a loan is wicked, Deut. 24:6. A man’s cloak could be taken in a loan but it was to be returned to him at the end of the day and would be picked up the next day if the loan had not been paid. This was done so as not to shame your neighbor, it was the just thing to do. After the loan was paid in full the cloak was returned. The Isrealites were also taught to not be hard hearted and refuse to loan to a poor brother. “If there be among you a poor man of one of thy brethren within any of thy gates in thy land which the Lord thy God giveth thee, thou shalt not harden thine heart, nor shut thine hand from thy poor brother: But thou shalt open thine hand wide unto him, and shalt surely lend him sufficient for his need, in that which he wanteth” (Deut. 15:7, 8). This is what Jesus was referring to when he said, “Give to him that asketh thee, and from him that would borrow of thee turn not thou away.” It was wrong to forcibly take what was promised in pledge. Christ was teaching to not resist such evil force when it comes upon you. In misapplying ‘an eye for an eye’ the Scribes and Pharisees taught that one could use force to obtain a pledge, for you had been wronged in not receiving pay. Jesus was correcting the hard heartedness of not lending to your poor brother. You ought not to mistreat him. But if you are the one being mistreated do not resist evil with evil. The loaner should be willing to loan without expecting a return just as the Law taught in Deuteronomy 15:9—“Beware that there be not a thought in thy wicked heart, saying, The seventh year, the year of release, is at hand; and thine eye be evil against thy poor brother, and thou givest him nought; and he cry unto the Lord against thee, and it be sin unto thee.” We cannot misapply this passage in Matthew to cover all forms of going to court. To do so would be not much better than the Pharisees who had subverted the purposes of the Law by their false teachings. One such purpose of the Law was to reveal sin. The Pharisees, by their false teachings of the Law, were exonerating themselves and creating disciples even worse than they. The Mosaic content of Christ’s concern cannot be overlooked when applying principles for living and principles for law. It especially cannot be overlooked when examining the context of Matthew chapter 5.

Conclusion

If anyone would seek to take a nonbeliever to court let them prayerfully and patiently seek wisdom from God before doing so. They may have the American god-given right but that does not mean it is a true God-given right. Do not resist an evil man. But remember the context of such statements. God has given the governing authorities the responsibility to execute his wrath. Do not dishonor the Lord with petty cases against nonbelievers, those things that harm nothing more than your account balance and ego. But do not let evil go unnoticed. God is pleased that we overlook insults not evil. Be wise, seek his council, and seek no more than what is just.

Further Resources:

By This Standard, Greg Bahnsen

No Other Standard, Greg Bahnsen