Dare any of you This is the first statement -- that, if any one has a controversy with a brother, it ought to be decided before godly judges, and that it ought not to be before those that are ungodly. If the reason is asked, I have already said, that it is because disgrace is brought upon the gospel, and the name of Christ is held up as it were to the scoffings of the ungodly. For the ungodly, at the instigation of Satan, are always eagerly on the watch [1] for opportunities of finding occasion of calumny against the doctrine of godliness. Now believers, when they make them parties in their disputes, seem as though they did on set purpose furnish them with a handle for reviling. A second reason may be added -- that we treat our brethren disdainfully, when we of our own accord subject them to the decisions of unbelievers. But here it may be objected: "As it belongs to the office of the magistrate, and as it is peculiarly his province to administer justice to all, and to decide upon matters in dispute, why should not even unbelievers, who are in the office of magistrate, have this authority, and, if they have it, why are we prevented from maintaining our rights before their tribunals?" I answer, that Paul does not here condemn those who from necessity have a cause before unbelieving judges, [2] as when a person is summoned to a court; but those who, of their own accord, bring their brethren into this situation, and harass them, as it were, through means of unbelievers, while it is in their power to employ another remedy. It is wrong, therefore, to institute of one's own accord a law-suit against brethren before unbelieving judges. If, on the other hand, you are summoned to a court, there is no harm in appearing there and maintaining your cause.

Footnotes

1 - "Espient incessamment et d'vne affection ardente;" -- "Watch incessantly and with eager desire."

2 - "Qui sont necessairement contraints de maintenir et plaider leurs causes sous iuges infideles;" -- "Who are from necessity shut up to maintain and defend their law-suits before unbelieving judges."

Dare any of you - The reasons why the apostle introduced this subject here may have been:
(1) That he had mentioned the subject of judging 1-Corinthians 5:13, and that naturally suggested the topic which is here introduced; and,
(2) This might have been a prevailing evil in the church of Corinth, and demanded correction. The word "dare" here implies that it was inconsistent with religion, and improper. "can you do it; is it proper or right; or do you presume so far to violate all the principles of Christianity as to do it."
Having a matter - A subject of litigation; or a suit. There may be differences between people in regard to property and right, in which there shall be no blame on either side. They may both be desirous of having it equitably and amicably adjusted. It is not a difference between people that is in itself wrong, but it is the spirit with which the difference is adhered to, and the unwillingness to have justice done that is so often wrong.
Against another - Another member of the congregation. A Christian brother. The apostle here directs his reproof against the "plaintiff," as having the choice of the tribunal before which he would bring the cause.
Before the unjust - The pagan tribunals; for the word "unjust" here evidently stands opposed to the saints. The apostle does not mean that they were always unjust in their decisions, or that equity could in no case be hoped from them, but that they were classed in that division of the world which was different from the saints, and is synonymous with unbelieveRS, as opposed to believers.
And not before the saints - Before Christians. Can you not settle your differences among yourselves as Christians, by leaving the cause to your brethren, as arbitrators, instead of going before pagan magistrates? The Jews would not allow any of their causes to be brought before the Gentile courts. Their rule was this, "He that tries a cause before the judges of the Gentiles, and before their tribunals, although their judgments are as the judgments of the Israelites, so this is an ungodly man," etc. Maimon, Hilch, Sanhedrin, chapter 26 section 7. They even looked upon such an action as bad as profaning the name of God.

Dare any of you, etc. - From the many things that are here reprehended by the apostle, we learn that the Christian Church at Corinth was in a state of great imperfection, notwithstanding there were very many eminent characters among them. Divided as they were among themselves, there was no one person who possessed any public authority to settle differences between man and man; therefore, as one party would not submit to the decisions of another, they were obliged to carry their contentions before heathen magistrates; and probably these very subjects of litigations arose out of their ecclesiastical divisions. The thing, and this issue of it, the apostle strongly reprehends.
Before the unjust, and not before the saints? - The heathen judges were termed δικασται from their presumed righteousness in the administration of justice; here the apostle, by a paronomasia, calls them αδικοι, unrighteous persons; and it is very likely that at Corinth, where such corruption of manners reigned, there was a great perversion of public justice; and it is not to be supposed that matters relative to the Christians were fairly decided. The Christians the apostle terms ἁγιοι saints, which they were all by profession; and doubtless many were so in spirit and in truth.

Dare (1) (a) any of you, having a matter against another, go to law (b) before the unjust, (2) and not before the saints?
(1) The third question is of civil judgments. Whether it is lawful for one of the faithful to draw another of the faithful before the judgment seat of an infidel? He answers that is not lawful because it is an offence for the faithful to do this, for it is not evil in itself that a matter be brought before the judgment seat, even of an infidel.
(a) As if he said, "Have you become so impudent, that you are not ashamed to make the Gospel a laughing stock to profane men?"
(b) Before the unjust. (2) He adds that he does not forbid that one neighbour may go to law with another, if need so require, but yet under holy judges.

Dare any of you, having a matter against another,...., Any thing in difference, an action, cause, or suit. The apostle having dispatched the affair of the incestuous person, and blamed this church for their conduct therein: and having given them instructions what they should do, proceeds to lay before them another evil among them he had to complain of; which was, when any difference arose among them about their worldly concerns, they would
go to law before the unjust, and not before the saints; a method of proceeding condemned by the Jews, who would not suffer any causes of theirs to be tried before Gentiles, only before Israelites; their canon runs thus (u),
"he that tries a cause before the judges of the Gentiles, and before their tribunals, although their judgments are as the judgments of the Israelites, lo, this is an ungodly man; and it is as if he blasphemed and reproached, and lift up his hand against the law of Moses our master, as it is said, Exodus 21:1 now these are the judgments which thou shalt set before them, , "and not before the Gentiles"; , "and not before idiots", private or illiterate men.''
They looked upon such an action as bad as profaning the name of God; hence they say (w),
"we must not try a cause in the courts of the Gentiles, for they come from the strength of judgment; this is Esau an hairy man, for they have no concord nor mercy--and he that comes before thee , "profanes the name of God", who is gracious and merciful, and honours the name of an idol--wherefore he that brings a cause before the Gentiles, is the occasion of spreading the property of judgment in the world----therefore let a cause be tried before the Israelites, for they are the secret of mercy, and not before the Gentiles, nor before idiots:''
they affirm (x) it to be a greater sin than murder, and that not only profanations of the name of God, but rapine and violence are comprehended in it; and that to give evidence in an Heathen court against an Israelite, deserves excommunication; for so it is said, (y).
"he that bears witness against an Israelite , "in the courts of the Gentiles", and by his testimony gets money from him, which is not according to the judgment of the Israelites, they excommunicate him until he repays it.''
Again (z).
"it is forbidden to order causes in the courts of (the rest of the nations) idolaters, for they have no part in the side of our faith.''
The apostle here dissuades from this practice, of going to law before Heathen magistrates, not only from its being an imprudent, but an impudent, "daring", rash and adventurous action; and seems surprised that any should attempt it, when it must unavoidably expose their weaknesses and faults to their enemies; nor could they expect justice to be done them by men of such a character, as "unjust", who neither feared God, nor regarded men; were not only destitute of righteousness, but filled with all unrighteousness, and had not so much as the principles of common justice and equity in them; when on the contrary, from the saints, men who have the principles of grace and holiness wrought in them, and live soberly, righteously, and godly, who have the fear of God before their eyes, and upon their hearts; they might reasonably conclude, were matters brought before them, they would be adjusted according to judgment and truth, without exposing the sin and weakness of any party to the world.
(u) Maimon. Hilch. Sanhedrin, c. 26. sect. 7. Vid. T. Bab. Gittin, fol. 38. 2. (w) R. Abraham Seba in Tzeror Hammor, fol. 80. 4. (x) R. Bechai in Kad Hakkemach, fol. 21. 4. apud Buxtorf, Lex. Talm. col. 1666. (y) Maimon. Talmud Tora, c. 6. sect. 14. (z) Zohar in Exod. fol. 103. 3.

Christians should not contend with one another, for they are brethren. This, if duly attended to, would prevent many law-suits, and end many quarrels and disputes. In matters of great damage to ourselves or families, we may use lawful means to right ourselves, but Christians should be of a forgiving temper. Refer the matters in dispute, rather than go to law about them. They are trifles, and may easily be settled, if you first conquer your own spirits. Bear and forbear, and the men of least skill among you may end your quarrels. It is a shame that little quarrels should grow to such a head among Christians, that they cannot be determined by the brethren. The peace of a man's own mind, and the calm of his neighbourhood, are worth more than victory. Lawsuits could not take place among brethren, unless there were faults among them.

LITIGATION OF CHRISTIANS IN HEATHEN COURTS CENSURED: ITS VERY EXISTENCE BETRAYS A WRONG SPIRIT: BETTER TO BEAR WRONG NOW, AND HEREAFTER THE DOERS OF WRONG SHALL BE SHUT OUT OF HEAVEN. (1-Corinthians 6:1-11)
Dare--This word implies treason against Christian brotherhood [BENGEL].
before the unjust--The Gentile judges are here so termed by an epithet appropriate to the subject in question, namely, one concerning justice. Though all Gentiles were not altogether unjust, yet in the highest view of justice which has regard to God as the Supreme Judge, they are so: Christians, on the other hand, as regarding God as the only Fountain of justice, should not expect justice from them.
before . . . saints--The Jews abroad were permitted to refer their disputes to Jewish arbitrators [JOSEPHUS, Antiquities, 14.10,17]. So the Christians were allowed to have Christian arbitrators.

Dare any of you . . . go to law before the unjust? The third indictment against the Corinthian church is now presented. Some had sought judgments against their brethren in heathen courts. This Paul indignantly rebukes. The Jews themselves made it a rule never to carry cases before heathen tribunals. Much worse was it in Christians.
Know ye not that the saints shall judge the world? Shall sit sit with Christ, after they have been judged, while the world is judged (Matthew 25:41; Matthew 19:29). If so high a trust is to be given, it is a little thing that saints should judge differences between church members. These ought all to be submitted to arbitrators, or to the officers.
Know ye not that we shall judge angels? Evidently the bad angels, who shall be judged when the world is judged.
If then ye have judgments, etc. If the saints shall have the high prerogative of judging the world and bad angels with Christ, then it is a condescension to judge of trivial earthly matters.
Set them to judge who are least esteemed. An ironical way of hinting that their differences were so petty as to be worthy only of the poorest witted.

The unjust - The heathens. A Christian could expect no justice from these. The saints - Who might easily decide these smaller differences in a private and friendly manner.