Legal Papers
When I was in the maternity ward after birthing my daughter, I was given a package containing several items. There were coupons for baby products, a photographer’s price list, and there were the legal documents which I was obligated to fill out and file in order to legally register my daughter’s birth and chosen names. It was exciting to fill in these documents at a time when I wanted the whole world to be aware that one of the greatest things ever to happen to me had been born. The idea that it was a legal obligation made little or no impression on me.
This summer that daughter got married. When planning a wedding we accept the responsibility of another legal obligation, and the signing of the necessary documents is such a small part of that day that it is often passed over with very little thought.
How many of us have made a will? When a loved one dies, it is often necessary to obtain the legal death certificate in order to process the will of the person who has died. A will is considered to be especially important if you have children. Abraham, Isaac, and Jacob recognized this, and their final wills and testaments are recorded for us in Genesis. Joseph’s final will and testament asked that his bones be taken out of Egypt and buried in the land of Canaan (Gen 50: 22-26; Exod 13:19; Josh 24:32). His will was a form of prophecy fulfilled, in the act of compliance. If we have made up a will, then there are legal obligations to the wishes mentioned in that will. Perhaps the estate of a brother or sister is left to the ecclesia with specific instructions that the homeless be fed or that the ecclesial parking lot be repaved. Whatever it is, the legal will is filed and the laws of many countries allow and support that final wish or gesture.
Consider this, that in North America and in most other countries in the world, all our births, marriages, and deaths are legally registered. In order to travel anywhere in the world, we are required to carry a passport which indicates the country where we hold citizenship. We live and therefore are legally obligated to obey the laws of the land in which we dwell, and the country in which we are born is legally obligated to bestow on its citizens the rights and privileges for which they qualify. These rights and privileges are not something that we have to apply for in order to benefit from, but are an automatic occurrence assumed for all the qualifying individuals of the country. Perhaps we are not conscious of or even acknowledge the use we make of the legal system in everyday life. This is not completely unscriptural: Paul took advantage of his legal position as a Roman. (Acts 16:35-39)
Disputes
Although we may feel somewhat comfortable with the above mentioned scenarios, what about when disputes arise and a brother or sister finds themselves in conflict with another person, whether within the ecclesia or outside of it? How do we feel about an individual who pursues legal action against another, seeks legal advice, uses the legal system to settle a dispute, or allows the legal system to police an agreement already reached? Most of us hope to avoid having to deal with these situations, and the best way to do that is to avoid using the legal system of the land, and to encourage members of our community to do the same. If someone is seeking legal advice or taking legal action to solve a problem, a typical reaction from our community is to reprimand that person. We chastise them for behaving in a way that we feel is contrary to how a brother or sister of Christ should behave, and ask them to cease their pursuit of justice through the legal system. Using the legal system may become our focus, instead of us trying to understand the reasons motivating the individual to pursue this avenue for resolving the conflict in the first place.
“The problem is not that there are problems. The problem is expecting otherwise and thinking that having problems is a problem.” — Theodore Rubin.
In his pride the wicked does not seek God; in all his thoughts there is no room for God. He says to himself, “Nothing will shake me; I’ll always be happy and never have trouble” (Psa 10:4,6 NIV).
We need not feel as though we are all alone with this issue; the ecclesia in Corinth struggled with the same things. Paul acknowledges that there will be disputes, or conflicts. His first and foremost concern was that the ecclesia assist those who are struggling with these challenges by accepting that they happen and providing a way of helping people through them. Paul addresses it by asking the probing question: “… is not a wise man among you, not even one, who will be able to judge between his brethren?” (1Cor 6: 1-10 NKJV). In other words, Paul was asking, is there not one hoary head that you can employ to discern between opposing parties, when disputes arise? Surely there must be someone who is well respected, who is able to use the moral Godly principles which you have been taught, and who can use the wisdom of their years to come up with solutions to disputes you might have with other brothers or sisters, or even with your neighbor outside of the ecclesia. Is it not possible that you could police your own agreements so that brethren don’t land up in prison, or even in trouble with the authorities of the land in which you live? Surely this is better and more likely to be justly decided than going to the courts of the land? Surely mercy is more likely to be a factor with your wise man, than with these same courts?
This was not a new concept in Israel. Think for instance of the judges which Moses appointed to help him with the matters of governing as they traveled through the wilderness (Exod 18:13-26). Think of the men sitting at the gates of Bethlehem who upheld the law, and witness it’s provision for Boaz to take Ruth as his wife (Ruth 4:1-12). Outside of Israel the laws were made by men, and perhaps the courts of Paul’s day in Corinth, were so corrupt that justice was rarely done, or perhaps the courts were amoral, and not built on Godly principles. For whatever reason, Paul implores the Corinthian brethren to look within their congregation of believing elders for a wise man who could help them settle things amongst themselves.
The fact that Paul asks this question, tells us a few things about this community and the believers of that time. First, they obviously struggled with similar challenges that we struggle with today. They were human beings dealing with all the imperfections and sinful tendencies of their natures, and the world around them. They were influenced and seduced by the world, and often failed to measure up to the example set by Christ. They were living in a community and country that did not care what their beliefs were, with laws and traditions that were often contrary to beliefs they held. Not only was it a challenge to stay pure and avoid the world’s influence, but also it was a challenge to preach by example. Next, they were asked to look as much to the keeping of the moral code as they were to the laws of the land. Obedience to the laws of the land included giving to Caesar the things which are Caesar’s, and to God the things which are God’s (Matt 22:21). And the moral code demanded that they become and remain accountable for their personal lives, before God (2Cor 5:10). This would include the way they treated their neighbor and each other; it involved looking after the fatherless and the widow (James 1:27), and lastly serving the community in which they were living (Rom 12:9-21; John 3:16). Does this command to a high calling and the struggles or conflicts with human nature sound familiar? Not much has changed in the past two thousand years. We are asked to do the same things: to be obedient to both the laws of the land and accountable before God.
Many have decided that to compare ourselves to Old Testament times on this topic is irrelevant since we are not under the Law of Moses, which was perfect, and we are not living in Israel. Others have decided that the first century advice from Paul is irrelevant since pagan government no longer governs us. Obviously, Corinth was built and run on human and often pagan religious laws and traditions which would have given the believers then an extra challenge to cope with and all the more reason to seek for the ‘wise man among them’. However, we neither live in ancient Israel, under the Law of Moses, nor in First Century Pagan Rome, thus we might be better served if we consider this issue in the modern context. Perhaps the biggest difference now is the fact that in our time some nation’s laws are presumably based on Christian principles. Even if countries take measures to separate their legal systems from religious definition or influence, laws such as “thou shalt not kill, thou shalt not commit adultery, thou shalt not steal” and so on, are recognizable in the laws of these Christian based countries. On top of that, the consequences of breaking those laws, although perhaps not as severe as the original consequences would have been, are deemed to be severe enough to deter those who would flout their authority.
However even in a country whose laws are based on Christian principles, the question of how much we use the law and how often we take advantage of that law is something that presents many of us with a difficult challenge. There are various reasons given for shying away from either providing a wise man within our community or using the legal system of the country we live in to settle disputes or legal questions. These reasons include the following:
- Some do not understand the legal system of the land, and are intimidated by ignorance into inaction, not motivated to educate themselves where necessary.
- Some rationalize that we don’t have time or energy to involve ourselves in the disputes of others, because of our prior commitments within the community.
- Some come to the conclusion that to get involved is wrong and somehow condones the behavior of one or both parties, or makes us into busy bodies poking about where we should not be.
- Some believe that a brother or sister seeking legal assistance is in the wrong, simply because they are seeking it, and that they should “turn the other cheek”, “suffer yourself to be defrauded” and seek to “live peaceably”.
Therefore, often the reaction is to avoid confrontations, avoid casting a judgment of our own or voicing our opinion, or ignore them in an effort to keep order and peace. The result is that nothing is resolved for the people directly involved in the conflict. Whatever the reasons and reactions to these conflicts, the fact remains that disputes and conflicts do arise, and to wish they would go away, or to suggest that they don’t exist, would be akin to believing that we are all perfect and in the Kingdom. We are conceding to greater ignorance when we do not acknowledge them.
Our ecclesial schedules, the demands of family, the strain of work, and other obligations, make life very busy. Ironically, although we may have very high demands on our time, as students of the Bible we are readily willing to discuss in great detail and at great length many Biblical topics. Discussions involving doctrine and interpretation, are given our full attention, often with a view to conversion. However, many times the topics that are personal, moral or relational are avoided, ignored, or left with the best of intentions, to be dealt with another day. Yet, these are usually the areas in which conflicts, needing a wise man among us, arise. We can excuse this by acknowledging the importance of preaching the gospel, and none would dispute this, but we are also supposed to be known as people who love each other. It is to be our defining attribute as disciples. If we are unable to resolve conflicts, we do not promote love. We are also supposed to be known as those who uphold a moral code, given to us by God. If we do not speak to personal behavior, in a loving way, and support the belief that we need to treat each person we come into contact with as Jesus would have treated them, and by doing so to reflect the love of God into their lives, then what good is all the doctrinal teaching going to do? A person can know what is right and wrong from a doctrinal standpoint and yet be condemned by their behavior and lifestyle. Christ did not come to save the righteous according to the law, but to reach those in the darkness of immorality. We are asked to carry on his work, to be lights in a dark world, to shine Christ’s light for the lost to see. We are asked to come along side those in the darkness and show them the right way, and encourage them in striving for it. In light of this fact it would seem ultimately important, even essential that we take a very good long hard look at how we are handling any sort of dispute that may go before a court of law in whatever country we happen to live, before the parties involved have to resort to using the legal system available to them.
The Wise Man
So, who is this wise man? It is worth noticing a few things about what Paul has to say on this topic. First, that a wise man is not necessarily described as someone who holds any particular office within the ecclesia. So often we feel that to take on legal matters ourselves would overburden our Arranging Brethren who are already weighed down by “the cares of the ecclesia” (2Cor 11:28). However a careful reading of the text does not allude to that at all. The only quality necessary is wisdom; both in what is necessary as a follower of Christ, and in life experience. And grey hair is a definite asset! Second, we are not asked to write or rewrite the law of the land or God’s law. There is a format already in place and all we need do, is use the God given principles and examples to help us interpret the law and protect the innocent. As a community of believers, we are not asked to like the fact that there are conflicts, but we are asked to deal with them in a spirit of love, and we are given the tools and the instructions to do just that. Whether it is a breach of contract in business or a divorce settlement, the principles of the conflicts, and the solutions to the conflicts are the same. We as a community of believers in the same things that the Corinthians believed in, and under the same laws of Christ that they adhered to, similarly should be seeking, “the wise man” among us.
If a contract of any kind is formulated and filed as law within the courts of the land in which we live, it becomes law. With that comes the legal understanding that the courts we have trusted with the decision will be the same courts that we will trust to do the job of making sure the parties meet their obligations and responsibilities. When we waive the responsibility we have to our brothers and sisters to find the hoary head to help find solutions to conflicts and disagreements between us, we inadvertently waive our ability to comment, criticize, or control the policing of that agreement. When one, or both, of the parties fails to meet the obligations and responsibilities to each other, it does no good to then bring this reference of 1Cor .6:1-10 to the parties involved as proof that they have to let the matter go and allow God to decide on what judgment will be placed on the offending individual. At that point this is not only unrealistic, but also impossible. The courts of the land will do the job they have been asked to do, without any reference or even acknowledgement of our personal or ecclesial views.
However, a careful reading of 1Cor 6:1-10 helps us to avoid the frustration associated with poorly made decisions and permits us to be part of a very cooperative and communally beneficial solution in resolving conflicts. This passage indicates that the responsibility of conflict resolution falls primarily on the ecclesia! If there is no wise man to be found, or if we choose not to appoint that wise man to handle these challenges amongst us, we are in fact encouraging and sometimes forcing our brethren who come up against conflict and disagreement, and to seek to have it assessed and decided upon in the courts of the land in which we live. Although this is something that we readily acknowledge, we kick against the very thing that we have encouraged, if things go awry. Further, in not providing a wise man to speak to brethren or ex-brethren about the moral aspects of their conduct does a great disservice to not only our brother or sister, but also to those parties involved in their wrong doing, and those who are victims of his or her immoral actions. Some would promote withdrawing from a brother or sister completely in an effort to remind him or her of the error of their ways. That withdrawal also absolves us from any need for intervention with what that individual is doing. In actual fact it gives the distinct impression, if not the blatant message, that withdrawal then removes accountability.
Obviously some personal relationships, including things such as molestation and physical abuse, need to be dealt with by the legal system of the country. In many places individuals are legally obligated to report molestation of children, and other forms of abuse, and there is no place for the wise man, however willing they may be to help in this situation. Sometimes there needs to be serious measures taken to protect the children and other family members from an abusive individual. It would seem incomprehensible that Paul would be alluding to these sorts of situations when suggesting that they appoint a wise man from among them. In turn, do we condemn a person for using the God given securities available to them in order to save a life or protect a child? Do we punish the victims because of the crime, instead of reaching out to them in love and giving them our protection? Do we in effect support the behavior of an abuser, molester, or violent criminal, by disallowing or discouraging legal action towards them? By asking our community not to use the legal system available to them in these examples, we in fact become an accessory to the crime by enabling it to continue. This is a fact, which we very well could be called to account for ourselves by both the courts of the land and the God which we serve.
The idea of a wise man among us to counsel those in need of assistance in settling disputes is a concept that is often easier to discuss than to implement. Let us consider then what this would look like if we could put it into practice. A very familiar scenario is a divorce. If a divorced couple are struggling to meet the obligations of their divorce agreement, having a wise man in place would provide the buffer needed between the two parties to come to an agreement as to the responsibilities of each party and how they will be implemented. It also allows the wise man to act as the person they are accountable to if they do not meet their responsibilities. If there is a breach in the agreement the wise man can be there to help rectify the issue or challenges they are facing. Perhaps the woman is not allowing the man to visit the children. The man would go to the appointed wise man and in turn that wise man would go to the woman and discover why she is acting in this way. A solution that meets the criteria of the agreement can be developed, and at the same time the woman’s concerns about the situation are better understood. If the man is unable to pay for the support of the children from the marriage, the woman could go to the wise man and he in turn would speak to the man regarding this matter. Perhaps the ecclesia needs to step in with some short term financial help, or employment for the man, but at the very least the children would not suffer from want, and the situation would not escalate to the level of either party having to take further outside legal action against each other.
Going outside the typical example of divorce, we could also consider the personal contracts that we enter into with not only fellow believers, but also those outside of our faith. The wise man could help formulate the contract within the parameters and wishes of the parties involved, and there would be less opportunity for the vulnerable to be taken advantage of by preying individuals either within or outside of the community. The same system of using the wise man as a buffering between the two parties when they come into conflict, could be used not only to solve any issues arising, but also the give council and advice to both parties which could help to give perspective to the situation. Perhaps Paul’s suggestion of using the wise man could be seen as form of outreach, while protecting and taking care of the flock already gathered. By setting up a system of administering this sort of care and compassion to our members and to those that we are interacting with, we could be known as a community who advertises and actively supports the ideas of honoring contracts, promoting good marriages, healthy families, and being active in our community, so that they know who we are by what we do!!
It is a question for today: Is there not a wise man among you?
The Origin of the Organic World – Part One