(6) But brother goeth to law with brother.—“It would almost seem as if it were not so. Your dragging these disputes before tribunals of the heathen would imply that it is not possible to find a Christian friend whom you can trust to settle these trivial disputes.” Thus the Apostle answers his question of the previous verse.

6:1-8 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.But brother ... - One Christian goes to law with another. This is designed as a reproof. This was wrong:

(1) Because they ought rather to take wrong and suffer themselves to be injured 1 Corinthians 6:7;

(2) Because they might have chosen some persons to settle the matter by arbitration without a formal trial; and,

(3) Because the civil constitution would have allowed them to have settled all their differences without a lawsuit.

Josephus says that the Romans (who were now masters of Corinth) permitted the Jews in foreign countries to decide private affairs, where nothing capital was in question, among themselves. And Dr. Lardner observes, that the Christians might have availed themselves of this permission to have settled their disputes in the same manner. Credibility, vol. 1:p. 165.

6. But—emphatically answering the question in the end of 1Co 6:5 in the negative. Translate, "Nay," &c.Ver. 6,7. Now therefore there is utterly a fault among you, because ye go to law one with another; not that it is simply unlawful for men to make use of human laws, and courts, and methods of judicature; for even the laws of men are good, if they be lawfully used: and the word here used by the apostle is htthma, which signifieth rather an impotency or weakness of mind and affections, a defect or diminution from perfection, than any scandalous sin. Going to law with brethren (though lawful in itself) may be made unlawful by circumstances:

1. When it is before judges that are unbelievers, so as men’s going to law before them tends to the reproach of religion, the credit and reputation of the gospel ought to be dearer to us than any little secular concern. This was the case in this place.

2. When it is for little matters, such as a coat or a cloak. It is against the law of charity to do another a great wrong to recover to ourselves a little that is our right.

3. When we cannot do it without wrath, anger, impatience, covetousness, or desire of revenge. It is a thing possible to go to law without sin, but what very few do, through that corruption which cleaveth to corrupt nature.

Why do ye not rather take wrong? why do ye not rather suffer yourselves to be defrauded? It is therefore far more becoming conscientious Christians to take a little wrong, and to suffer themselves to be cheated of their right, especially under such circumstances, where the credit of the gospel and religion must lose more than they can get. And to do otherwise speaks htthma, a defect or imperfection in Christians, and is not without its guilt. If, by their contentiousness, they do not show themselves so bad as some would make them, who hold all contendings at law amongst Christians unlawful, yet they do not show themselves so good as the rule of Christianity requireth them to be, Matthew 5:39,40 Lu 6:29 Romans 12:19.

But brother goeth to law with brother,.... The relation meant is spiritual; it was usual for members of churches to be called brethren, they professing to be born again of the same Father, and belonging to the same family under Christ, the son, firstborn, and master of it: and a very wicked and shameful thing it was, that persons in such a relation, being of such a family, should go to law with one another at all:

and that before the unbelievers; which is an aggravation of their sin and folly. The apostle before calls them "unjust", now "infidels", such as had no faith in Christ, disbelieved the Messiah, and denied the whole Gospel, and therefore no faith or confidence should be put in them; for, generally speaking, such as have no faith, are not only wicked, but unreasonable men, men of no reason, conscience, justice, and equity; and therefore very improper persons for believers to bring their causes before.

But brother goeth to law with brother, and that before the unbelievers.