The apostle's reproof: V. 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? V. 6. But brother goeth to law with brother, and that before the unbelievers. V. 7. 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? V. 8. Nay, ye do wrong, and defraud, and that your brethren.
No wonder that Paul, under such circumstances, must call out shame upon them; their conduct is disgraceful and altogether unbecoming that of meek and charitable Christians. And he stresses this point still more: To this point have matters progressed that there is not one wise man among you who could make a decision between his brothers? Was there not a single man with enough experience to arbitrate a matter when a cause came up?
He concludes that there is evidently no such man, since one brother is involved in litigation with another, and that before the unbelievers! If there were but one man in the congregation wise enough to settle such matters in private, surely they would have called him in to decide the disputes. And so they air their grievances against one another before the unbelieving magistrates. Was not that equivalent to a confession of bankruptcy?
Paul now lays bare the real root of the matter: It is indeed altogether a detriment to you, a bad thing all around, that you have lawsuits. From the very start it is a defeat for them, morally speaking, that it ever comes to that pass, that their differences ever rise to that pitch. Their case is lost before they have ever entered the court, and their action represents a sinking down from the high standard of pure Christian feeling. The cause of Christianity is bound to be harmed by such behavior, for the Gentiles will naturally judge the moral worth of the movement by the evidence of its power in the lives of the Christians.
How the believers of all times should conduct themselves in cases which might develop into lawsuits according to the common experience of mankind, the apostle states in the more striking form of questions: Why do you not rather suffer injustice? Why do you not rather submit to fraud? Paul here reproduces the teaching of Jesus, Luke 6, 27—35. In following the example of Jesus and of Paul, the believers will be constrained at all times to suffer injustice rather than to afflict injustice.
But the litigious members of the Corinthian congregation had not yet reached this stage of unselfish love: It is rather that you commit wrong and defraud, deprive your neighbor of that which is his, and that, literally, to your brethren! The spiritual relationship which obtains between believers should make them all the more willing to yield to their brother in love, but instead of that they provoke quarrels, they inflict wrong.
"Paul here does not attack the court, but the fault of the heart that a brother summoned the other before the secular court, namely, before enemies of the faith. For to invoke justice and to seek the sustenance of life he does not prohibit, else a master would not be permitted to tear the lamb away from the wolf. They, however, sought their own vengeance; they tried to bring disgrace upon their brother. But this text means to teach us that not eagerness or desire for vengeance should be our motive for appealing to the judge for help, but rather justice and necessity" (Luther, 22, 1958).