John Chrysostom
In this too the Apostle rebukes them as in a matter already known. There he says, “It is actually heard that there is fornication among you.” Here he says, “Dare any of you?” At the very beginning he expresses anger and shows that this matter is indecorous and lawless. But why did he begin to speak about covetousness and about not litigating before outsiders? He was following his rule. His rule was to correct every sin he encountered. For example, when speaking about common meals, he began to speak about the mysteries. So here also, after mentioning covetous brethren, out of his burning zeal to correct those who sin, he no longer keeps the order. Instead, he rebukes the sin that presented itself in the course of the discourse, and afterward returns to the former subject.
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Let us hear, then, what he says about this. “How dare any of you, having a matter against another, go to law before the impious, and not before the saints?” By the very names he reveals the sin, rebukes it, and turns them away from it. At first he does not altogether reject judgment among the faithful. But when he has already rebuked them strongly, then he wholly forbids litigation. If, he says, it is absolutely necessary to litigate, it must not be before unbelievers. Better still, one should not litigate at all. Yet he states this last thought later. For now, he only forbids litigation before outsiders. Is it not strange, he says, to choose an enemy as mediator for reconciliation with a friend? Is it not shameful and disgraceful that a pagan should sit to judge a Christian? If one must not litigate before pagans in private matters, how can one turn to them in more important matters? And see how he speaks. He did not say, “before unbelievers,” but “before the unrighteous.” He uses the expression especially needed for his proposed aim, to correct and turn them away. Speaking of judgment, and knowing that litigants desire nothing so much from judges as great care for justice, he thereby instructs them. It is as though he said: where are you going, and what are you doing, O man? You are acting contrary to your own desire, seeking righteousness from unrighteous men. It was hard to hear a direct prohibition of litigation. Therefore he does not command this all at once, but first only changes the judge, turning those who litigated from outsiders to the Church. Then, because litigation before their own seemed humiliating, especially then, he makes them trustworthy. For they were for the most part simple people, perhaps unable to examine cases, and not so versed in laws or skilled in eloquence as the outside judges. Therefore see how he makes them worthy of trust, first calling them saints.