A man in business sells goods to another, and the one to whom they are sold will not pay for them, although able to do so; would the seller be acting contrary to Scripture if he sued for his money in the county court?
Your question indicates that you desire to know what the Scripture says about going to law, and that its teaching is to be regarded as of final authority; therefore we have only to turn and read what is written. Jesus said: "You have heard that it has been said, An eye for an eye, and a tooth for a tooth: But I say unto you, That you resist not evil: but whosoever shall smite you on your right cheek, turn to him the other also. And if any man will sue you at the law, and take away your coat, let him have your cloak also." (Matthew 5:38-40)
This one statement is sufficient to settle the question; for since we are forbidden to resist evil, it is most certain that we cannot be justified in ourselves being the aggressors in any case.
A hasty reading of the Scriptures often leads people to suppose that the old-time saying, "An eye for an eye, and a tooth for a tooth" (Exodus 21:24, Leviticus 24:20, Deuteronomy 19:21) meant that any person could take his case into his own hands, and treat his adversary as he himself had been treated; but that is a great mistake. A reading of the passages in the Old Testament, where those words occur, plainly shows that they were part of the instructions for the judges.
The offender in a case of assault "shall pay as the judges determine. And if any mischief follow, then you shall give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot." (Exodus 21:22-23) "If a false witness rise up against any man to testify against him that which is wrong; Then both the men between whom the controversy is shall stand before the Lord, before the priests and the judges which shall be in those days; And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and has testified falsely against his brother; Then shall you do unto him, as he had thought to have done unto his brother; so shall you put the evil away from among you. And those which remain shall hear and fear, and shall henceforth commit no more any such evil among you. And your eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot." (Deuteronomy 19:16-21)
These are a part of the laws that were given to the Israelites because of the hardness of their hearts; but they are not for the followers of Christ, who as such cannot be hard-hearted. Jesus cites them, and adds, "But I say unto you, That you resist not evil: but whosoever shall smite you on the right cheek, turn to him the other also." (Matthew 5:39)
It may be thought "a hard saying;" (John 6:60) but all who are filled with the Spirit of Jesus will be able to hear it, and to act in harmony with it.
Do not get the idea that there was any injustice in the Old Testament regulations. If a man willfully injures another, he suffers no injustice if he is treated in the same manner; but the point is that the Christian is to leave the execution of justice to the Lord, to whom vengeance belongs. It may be that a man deserves punishment; but we are not to punish him, nor to secure his punishment by the judges. "Dearly beloved, avenge not yourselves, but rather give place unto wrath; for it is written, Vengeance is mine; I will repay, says the Lord. Therefore if your enemy hunger, feed him; if he thirst, give him drink; for in so doing you shall heap coals of fire on his head." (Romans 12:19-20)
All this is said with reference to bodily injury; but the instruction against prosecuting for physical violence would also prohibit suing for money, since no amount of money is to be compared in value with the body. The Saviour speaks, however, directly of property, saying, "If any man will sue you at the law, and take away your coat, let him have your cloak also." (Matthew 5:40)
That is, if he is about to sue you, to get your coat, let him have your cloak also, rather than go to law. Now when this instruction is given concerning defending one's property in court, it is manifest that the case is still stronger against taking the initiative to recover property.
There is practical wisdom in the Saviour's instructions, for in more than ninety-nine cases out of a hundred, both parties in a suit would fare better if they would settle their difficulties out of court. The papers recently reported a case in Milan, where, a man died leaving a fortune of £600,000. His will was disputed by the heirs, and the result of the litigation was that over £400,000 went to the lawyers in fees, leaving scarcely £200,000 to be divided among the heirs. It is evident that even on the ground of worldly policy, the suit was utter foolishness.
And so it usually is. It would be amusing, if it were not pitiful and disgusting, to see the petty childishness that is displayed in most of the cases that come up in the courts. The suit is entered in order to gratify the sense of vindictive spite. It is the same spirit that leads the ruffian to fight. But all such spirit is utterly foreign to Christianity, and the Bible is everywhere against it. "All the law is fulfilled in one word, even in this; You shall love your neighbor as yourself." (Galatians 5:14) "Love works no ill to his neighbor; therefore love is the fulfilling of the law." (Romans 13:10)
But love "suffers long, and is kind ... [love] seeks not her own." (1 Corinthians 13:4-5)
So it appears that going to law, whether it be to gratify spite or to recover property, is directly contrary to the Spirit of Christ.
We know very well that such teaching as this is foolishness to the carnal mind. The natural man will raise a thousand objections to it, and will see in it the loss of all one's goods. With that we have nothing to do.
We believe that God is able to protect His people, and we know that He cares for them; but even if one, by adhering to the Christian plan of peace, should lose all his goods, that would be no more than many men have joyfully suffered for the cause of Christ, and we applaud them--at a distance. God desires martyrs--witnesses--all the time, and not merely when some doctrinal difference is in question. We have nothing to do with the results of obeying the Gospel; our part is simply to trust and not be afraid.
The conclusion of the whole matter, therefore, is that no Christian can voluntarily go to law without acting directly contrary to the principles of his profession.
Christ absolutely refused to be made a ruler or a judge, or to have anything to do with the division of property; (Luke 12:13-15) and just to the extent that His followers depart from that position, do they deprive themselves of His power in the world.
If the truth be kept in mind, that the eternal world to come, and not "this present evil world," (Galatians 1:4) is our home, the case is very clear.--Present Truth, August 22, 1901.