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Return
to Christian Legal Chronicles CHRISTIANS
AND LAWSUITS "TWO
WRONGS DON'T MAKE A RIGHT"
Does
the Bible permit Christians to sue
at all? My prayer
is that God will guide you and
grant you a proper and practical knowledge, understanding, and wise
application
of the principles contained in First Corinthians Chapter 6 and related
scriptures. A. Summary: 1. Christian Versus Christian
Civil Dispute: According
to 1
Corinthians 6:1-8,
a Christian is not to civilly file a
lawsuit against another
Christian in a
secular court of law. Rather, the disputed matter should be arbitrated
or
judged by a wise Christian or Christians. However, in our modern
societal
system, there
are exceptional situations that may not fall squarely within this
principle.
Such special circumstances will be discussed later in this article.
Lastly, if a fellow Christian will not submit to a
Christian-based resolution system, then a number of
commentators believe that, pursuant to Matthew
18:17, as a
last resort, a lawsuit in the secular law courts may be
permitted. Sometimes,
the issue is not black and white.
In those “gray area” cases, ask God and yourself
these questions: “Is a lawsuit in
secular court my only reasonable option, or is there another way to
remedy my
situation?” "Do I have
an improper motive in filing a lawsuit such as revenge, anger, hurt
feelings,
stubbornness, impatience, or greed?" “Is the church
equipped to resolve this legal dispute with my brother?” “Are there
Christian lawyers, retired Christian judges, or other professionally
trained
Christian mediators available to negotiate and/or adjudicate this legal
dispute
with my fellow Christian?” 2. Christian Versus Non-Christian
Dispute: Secular
Courts are ordained by God (Romans
13:1-7).
Therefore, there is no prohibition against a Christian suing a
non-Christian in
a secular court. B.
Christian
versus Christian Disputes 1. Historical
Backdrop: Corinthian Christians in
Paul’s time sued their
fellow Christians in secular court. But, back in those days, not even
the Jews
used the secular courts. Rather, in those times, the Jews utilized
Jewish
arbitrators. Further, in Greek culture, watching civil disputes in the
public
courts was very popular entertainment. Therefore, legal disputes were
very
public events. 2. Paul's
Response: “How Dare you!” (1
Corinthians
6:1-10 ): “How dare you sue a Christian
brother in secular court!” (1
Corinthians 6:1-paraphrased). How dare you utilize
“unrighteous” Corinthian judges
to resolve inter-Christian disputes! (1
Corinthians 6:1).
But Paul's point appears to be that the "Corinthian" judges,
as
a whole, or in general, were either unbelieving or corrupt or both.
(Further,
many of the judges/arbitrators were 60 year-old or older lay persons
performing
required
civic duty, as I understand it). “Law”
(Verse 1): “[P]apyri discoveries in
the last century reveal that Paul's word was used regularly in a legal
context
to mean a lawsuit.” Christians
will (with Christ) judge the
world and angels. Therefore, believers can competently judge lesser
(earthly)
matters between two believers (1
Corinthians
6:2-4). For
Christians, spiritual and legal issues
commingle and intertwine. Secular, government judges are either
unqualified or
not permitted to resolve the spiritual issues that may be involved in
the
dispute (1 Corinthians 2:14-16, 6:4).
But
wise Christians can discern and judge both the legal and spiritual
issues (1
Corinthians 6:5). Judging
an openly “Christian versus
Christian” legal dispute in secular court creates a bad
witness (This
conclusion is indirectly inferred in 1
Corinthians
6:6-7). Pagans will see Christians behaving just
like they do
and NOT
demonstrating God’s love, which hurts the cause of Christ
(John 13:5). It would
be better to be defrauded by a Christian (and suffer financial loss)
than to
take them to secular Court because the cause of Christ is more
important than
money or possessions (See 1
Corinthians
6:7-8). This last point will be elaborated on later in this
article. 3. Specific
Situations: Many of the situations below may
be considered “gray
area” matters. Therefore, before deciding a course of action,
you need to ask
God for wisdom and understanding (Proverbs 2:6, James 1:5). You are
also
admonished to seek counsel from wise Christians (Psalm 1:1, Proverbs
11:14,
12:15, and 15:22). Lastly, before making a final decision, you ought to
have
God’s peace in your heart about which decision to make
(Colossians 3:15). a.
Criminal Matters: The context
of 1 Corinthians 6 is civil legal disputes, not criminal prosecution.
With few
exceptions, the government prosecutes crimes. Therefore, a Christian
may look
to a secular court to prosecute anyone (including Christians) who
committed a
crime against them (Romans
13:1-7, 1 Peter 1:13-14). b.
Christians Acting on Behalf of Others: When Christians undertake
certain legally defined positions, they may,
in certain circumstances, have a legal duty to pursue secular legal
action
(which could potentially involve other believers). Examples: Christian
legal
guardians; Christian executor of a will; Christian trustees; and
Christian
parents. These representative examples involve fiduciaries acting on
behalf of
the beneficiary, child or person of whom they are in charge. c.
Christians Covered by Insurance: In
many cases, the person who caused your harm or damage is covered by
insurance.
Example: Automobile accident cases. What if that insured
person is a
Christian?
In some states, you can sue the Christian’s secular insurance
company directly.
Therefore you don’t have to directly sue the Christian who
harmed you. In other
states, you must sue the individual even though the insurance company
(surety)
is paying for the damages and controlling the case. Obviously, a
secular
insurance company will rarely, if ever, agree to a Christian dispute
resolution
process. For example, if
you were seriously injured, out of work, and unable to provide for your
family,
what do you do if the negligent driver who caused your damages is a
Christian?
Remember, you have an obligation to provide for your family
(1 Timothy
5:8).
Therefore, in that situation, seeking fair compensation via an
out-of-court
settlement through a believer’s insurance company would
appear reasonable.
Moreover, if the insurance company is unreasonable or disputes
liability, you
may have to file a lawsuit (or go to trial) in order to obtain
compensation for
your losses. The Christian versus Christian issue is, I believe,
incidental in
this matter in nearly all of these types of cases. What if your
injuries were temporary and your own health insurance paid for your
bills, but
the automobile insurance company won’t pay you as much
“pain and suffering”
damages as you think is fair? There are sections later in this article
that may
help you make a wise decision. In general, I
believe that a Christian may seek compensation for injuries from
another
Christian’s insurance company if the claim is pursued without
malice or slander
or greed. The following advice may be helpful to you: “Do not
initiate anything
without first saturating the matter with prayer.” God loves
you and wants to
guide you in the best path. See the article entitled, The
Christian and Personal Injury Claims. d.
Christian Filing Bankruptcy: A
Christian family of four earns $2,000 per month and has $50,000 in
credit card
debt, and owes $1,000.00 to their Christian auto mechanic. The
Christian files
bankruptcy and lists their automobile mechanic as a debtor as required
by law.
Does this violate principals outlined 1 Corinthians 6? I
don’t believe so in
most cases. This is a situation where the Christian mechanic is (in
nearly all
cases) incidental to the matter (other than being owed money). See also
"Is
Bankruptcy Scriptural? What does the Bible Say?"
And "May
a Christian File for Bankruptcy Relief?" e.
Christian Evicting a Christian From a Residence or Business Property: A Christian versus Christian
landlord-tenant dispute,
it seems, can be resolved via Christian mediation or arbitration in
most cases.
However, in some cases, going to the magistrate may be proper if the
Christian
tenant refuses to vacate, refuses to pay rent, and refuses to
immediately seek
a Christian mediator and/or arbitrator to quickly resolve the dispute. f.
Christian Versus Christian Divorce: This article does not address
what Biblical grounds for divorce are.
Here are, however, some scripture references pertaining to divorce:
Matthew
19:1-12; Mark 10:2-12; 1 Corinthians 7:10-16. A divorce
proceeding is a civil matter. However, to obtain a
“legal” divorce, some level
of government court involvement will be required. The government
regulates and
grants divorces. Accordingly, divorce falls within Romans
13:1-7, and
secular courts may be utilized. Nevertheless,
spiritual and legal issues combine and intertwine in divorce cases.
Therefore,
as between two Christians, a wise, neutral Christian, ought to be
utilized, if
possible, to assist in the resolution of the matter. A number of Christian
attorneys in or near your geographical area may offer divorce mediation
as a
cost-effective option. Alternatively, your church may have a dispute
resolution
process. If more than one
church is involved, you can have one pastor from each church be
involved, and
the two pastors can choose a neutral third person to produce a three
person
panel. Alternatively, you can hire a professional Christian mediator or
arbitrator who can negotiate or adjudicate the matter alone or include
members
of your church or churches in the process. However, there are too many
factual
variables in a divorce to make one rule to fit all situations. In
certain
situations, it may be necessary or prudent to pursue the matter through
traditional secular court. g. A
Christian refuses to have another Christian evaluate and decide the
issue of
dispute. What is a Christian
refuses to follow 1 Corinthians 6? There are two primary points of view
on this
subject. One view believes
that if a Christian does not agree to resolve a matter within the
Church, then
the other Christian is free to sue him or her in civil court in order
to seek
to achieve justice. The other view is that the Christian should, out of
mercy,
just accept the wrong done to him or her rather than interjecting a
Christian
versus Christian dispute into the public area and thereby harming the
cause of
Christ. In this matter,
pray for wisdom and seek confidential counsel from wise Christians. h. Wolf
in Sheep's Clothing: "What
if a person is not truly a Christian?" This is another
difficult issue.
Some believe that one can sue in secular court if one is convinced the
person
is not really a Christian even though they profess or
claim to be a
"Christian. " Others declare that it is dangerous to judge a person
as not being a Christian, and that one should play it safe and not sue
the
alleged wrongdoer. This may be a
factual issue needing to be resolved on a case-by-case basis. However,
one
should first seek to persuade the wrongdoer to agree to submit to
either
Christian mediation and/or Christian arbitration per 1 Cor. 6:1-8. If
he or she
is a member of your particular church, your church may have a dispute
resolution system that can be utilized. Pray for wisdom and seek godly
advice.. i.
"What if I am sued by another Christian in a secular court?" If you are sued by another
Christian, you could
possibly contact them (or, if they are represented by an attorney, then
contact
their attorney), and request that, pursuant to 1 Corinthians 6:1-8,
this
lawsuit be put on hold, or referred by the court to a Christian
mediator and/or
Christian arbitrator agreed upon by the parties. In any event, in my
opinion,
you may defend yourself in a secular court in this situation. If your adversary
has a valid case against you, agree to a settlement quickly to avoid
further
costs, damages and/or attorney’s fees (Matthew 5:25). A
speedy settlement will
also diminish harm to the cause of Christ by taking the matter out of
the
public eye. 4. The
above examples are illustrative
and are not exhaustive. There
may be other gray areas as well (e.g. foreclosure, quiet title, and
others)
while other disputes may fall squarely within 1 Corinthians 6
parameters.
Nevertheless, in many or, if not most of these cases, the church or a
private
Christian mediator or arbitrator (or combination of both) should be
able to
negotiate and/or judge the matter. 5. Biblical
Resolution Method: Matthew
18:15-17
states that a Christian, who is wronged by another Christian, should
follow the
following four step approach: Step 1: Address
the issue privately, alone with the other believer who you believe
wronged you.
It that does not resolve the dispute, then proceed to the second step: Step 2: Repeat
Step 1, except, this time, bringing one or two Christian persons to
with you
seek to help convince the other person of his erroneous ways. If this
second
step does not solve the problem, then proceed to the third step. Step 3: Bring the
matter before the church. This is where a Christian dispute resolution
process
comes into play or use of private Christian mediation and/or
arbitration. As to
this third step (bringing the matter before the church), you normally
want to
agree with the other party, in a signed writing, that any final
decision by the
Christian decision-maker(s) is legally binding on the parties. To
create a
legally enforceable binding agreement, you ought to seek legal counsel
to help
assure that a valid binding agreement is created. If, after a final
decision
about the matter is made, the wrongdoer refuses to repent and admit his
or her
wrongdoing or responsibility, then proceed to the fourth step. Step 4: Expel the wrongdoer from the fellowship of the church (which modernly, perhaps, means the local fellowship or denomination, as the case may be). (See 1 Corinthians 5:5). Matthew 18:17 states that "...if he refuses even to hear the church, let him be to you like a heathen and a tax collector.” A number of commentators take the position that this verse implies or infers that, because all avenues have been exhausted, a believer can now, as a last resort, treat the person like an unbeliever and file a lawsuit against the alleged wrongdoing person in a secular court or law. If you
have a dispute that involves
substantial money or property, you should, I believe, in most cases,
seek
advice from a knowledgeable attorney before implementing these steps
above.
Seeking legal counsel will build your knowledge base and, in most
cases, help
you make decisions with greater clarity. Also consider seeking counsel
from a
Pastor who can further add clarity to the matter. C. Courts Will Not Rule in Certain Intra-Church Disputes: Many times, Courts will not intervene in certain church disputes involving church doctrine and related issues based on the concept of "Separation of Church and State." See articles: Court Lawsuits for Intra-Church Disputes and Ministerial Exception. D.
Christian
versus Non-Christian
Disputes 1. The
courts are instituted by God. The government court system is
established by God to
maintain law, order, and peace in the land (Romans
13:1-7).
Christians may, in certain instances, use the secular court system.
Even
Apostle Paul cited Roman law and utilized secular courts protect his
legal
rights (Acts 16:37-38, 22:25-29, and 25:10-12). 2. Christians
may use secular courts to
resolve their legal disputes with unbelievers. 1 Corinthians 6 only applies to
Christian versus
Christian disputes, but does not apply Christian versus non-Christian
disputes. E.
Final
Words God's glory is great gain. Christians still defraud other Christians today. Let assume, for sake of discussion, that a person can’t obtain dispute resolution within the church or by private Christian arbitration. And, after prayer and careful consideration, this person decides to suffer the material or financial loss rather than cause shame to the cause of Christ by suing publicly in a secular, worldly court. Remember this: “Anyone who accepts wrong for the sake of God's glory will not come out the loser.” Recall that Jesus suffered wrongly for us, to the glory of God (1 Peter 3:18, Philippians 2:5-11). “It is far better to lose financially than to lose spiritually.” It is “[b]etter to suffer wrong than to do wrong.” 1 Peter 2:18-25. On the other hand, pursuant to Matthew 18:17, some commentators believe that a Christian may, as a last resort, file a lawsuit in a secular court or law against another Christian who refuses to submit to a Christian-based resolution process. Wise
Christians are available to
arbitrate disputes. Today, a
believer is, in most cases, without excuse, in failing to find a wise
Christian
to settle or judge a legal dispute! Today, many Christian
conciliation
groups
exist. Many Christian lawyers and retired judges are willing to provide
their
services. Many churches have a Christian dispute resolution
infrastructure. "What
about justice?" But what if the cheater was not
really a Christian,
and he or she got away with wronging? That person will ultimately receive justice. In First Corinthians 6:9-10, Paul turns to the wrongdoer who thinks he got away with his actions. Paul rebukes this person harshly. Some of these Corinthians were preying (not praying) crooks. Paul has a word of warning for them: Practicing "thieves will not inherit the kingdom of God." Theologians dispute what is scope of and what is meant by "not inherit the kingdom of God," but what is not disputed is that it is a big negative. "What
about turning the other
check?" Matthew
5:39
(“whosoever shall smite thee on thy right cheek, turn to him
the other also”).
Jesus' command to turn the other cheek is radical, but it is not
absolute. Turn
the other cheek means to allow yourself to be insulted without
retaliation.
Don’t retaliate or take revenge when you are insulted.
However, the government
may restrain evil by prosecuting a person who commits a physical
assault on
another person (Romans 13:4). Further, self-preservation,
self-defense
from
physical harm is, obviously, acceptable. "What
about legal
nonresistance?" Matthew
5:40: “And
if any man will sue thee at the law, and take away thy coat
[undergarment], let
him have thy cloke [outer garment] also.” If we
take these words too literally,
Christians would have to institute nudist colonies and other
intolerable
results. Matthew
5:38-42 is a paragraph and must be taken in context and
compared with other
scriptures to assure proper, balanced interpretation. A famous and
highly
respected Bible commentator offers this practical advice: “If
the matter be small, which we may lose
without an considerable damage to our families, it is good to submit to
it
[legal nonresistance] for peace’ sake.” Matthew
Henry Verse 40
must be taken in context with the
entire paragraph (Matthew
5:38-42) which corrects how the Pharisees incorrectly taught
that "an
eye for an eye" allowed personal revenge, when, in the Old Testament,
and
“eye for an eye” spoke of equitable justice meted
out by a governmental body. The
Apostle Paul stood up for his legal
rights. But he did not seek revenge or retaliation. Paul and Silas were
wrongfully beaten, imprisoned, and chained. Paul defended himself using
Roman
law (Acts 16:37). Right
Actions With Wrong
Motivations: Your motive for
taking legal action is crucial. Your motive is wrongful and will cause
harm to
all if legal action involves greed, revenge, anger, or other ungodly
motives. Christians
and Christian Arbitrators
may use non-Christian experts. Christians
are aptly qualified to evaluate and resolve issues and disputes
involving
Christian disputants. However, there are times when specialized legal,
technical, medical, or scientific knowledge necessary to help resolve
the
dispute may not be available from a Christian professional or expert.
In those
cases, it may be necessary to bring in a non-Christian with advanced or
specialized medical, legal, scientific or technical knowledge to help
the
Christian decision-makers make a fair and just decision. F.
Conclusion Know
this, that lawsuits can take on a life
of their own. Parties often dig in, fix their legal positions, and
cases can
become very contentious, stressful, and expensive to pursue.
“Believers have
the necessary resources to skillfully arbitrate the various issues and
problems
that pertain to life.” Going to court, while necessary in
some instances,
should, in general, be a rarity, and a last resort. “We
should seek godly, wise, Spirit-filled
and directed counsel within the church to resolve our
differences.” "Church"
includes any born-again
believer, even the "least esteemed" believers (1
Cor. 6:4). Notes: Some
groups (a minority in number) believe
that a literal reading of this passage in the original Greek language
does not
refer to secular court lawsuits at all but refers instead to the
improper use
of unfit persons within the Corinthian church to render judgments. An even
smaller group of people believe that
civil lawsuits are not “smallest matters,” and,
therefore, 1 Corinthians 6 does
not apply to lawsuits A very
small set of people believe that
“brothers” refers to family relatives, not
Christian brothers.
Copyright
2006, 2009. All rights reserved. About the author: Matthew B. Tozer is a Christian attorney located in southern California. Related Article:
God and Government, Jury
Trial Right-Vital Importance-Bible
Insights Return
to Christian Legal Chronicles 1 Corinthians
6:1-11
King James Bible:
1Cr 6:1 Dare any of you, having a matter against
another, go to law
before the unjust, and not before the saints? 2 Do
ye not know that
the saints shall judge the world? and if the world shall be judged by
you, are
ye unworthy to judge the smallest matters? 3 Know
ye not that we
shall judge angels? how much more things that pertain to this life?
4 If then ye have judgments of things pertaining to
this life, set
them to judge who are least esteemed in the church.
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? 6 But
brother goeth to
law with brother, and that before the unbelievers.
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? 8 Nay, ye do wrong, and defraud, and
that [your]
brethren. 9 Know ye not that the unrighteous shall
not inherit the
kingdom of God? Be not deceived: neither fornicators, nor idolaters,
nor
adulterers, nor effeminate, nor abusers of themselves with mankind,
10 Nor
thieves, nor covetous, nor drunkards, nor revilers, nor extortioners,
shall
inherit the kingdom of God. 11 And such were some of you: but ye are
washed, but
ye are sanctified, but ye are justified in the name of the Lord Jesus,
and by
the Spirit of our God.
New King James Bible:
“1 Dare any of you, having a matter against another, go to
law before the
unrighteous, and not before the saints? 2 Do you not know that the
saints will
judge the world? And if the world will be judged by you, are you
unworthy to
judge the smallest matters? 3 Do you not know that we shall judge
angels? How
much more, things that pertain to this life? 4 If then you have
judgments
concerning things pertaining to this life, do you appoint those who are
least
esteemed by the church to judge? 5 I say this to your shame. Is it so,
that
there is not a wise man among you, not even one, who will be able to
judge
between his brethren? 6 But brother goes to law against brother, and
that
before unbelievers! 7 Now therefore, it is already an utter failure for
you
that you go to law against one another. Why do you not rather accept
wrong? Why
do you not rather let yourselves be cheated? 8 No, you yourselves do
wrong and
cheat, and you do these things to your brethren! 9 Do you not know that
the
unrighteous will not inherit the kingdom of God? Do not be deceived.
Neither
fornicators, nor idolaters, nor adulterers, nor *homosexuals, nor
sodomites, 10
nor thieves, nor covetous, nor drunkards, nor revilers, nor
extortioners will
inherit the kingdom of God. 11 And such were some of you. But you were
washed,
but you were sanctified, but you were justified in the name of the Lord
Jesus
and by the Spirit of our God.” Romans 13:1-7
King James Bible: Rom
13:1 Let every soul be subject unto the higher powers. For there is no
power
but of God: the powers that be are ordained of God. 2 Whosoever
therefore
resisteth the power, resisteth the ordinance of God: and they that
resist shall
receive to themselves damnation. 3 For rulers are not a terror to good
works,
but to the evil. Wilt thou then not be afraid of the power? do that
which is
good, and thou shalt have praise of the same: 4 For he is the minister
of God
to thee for good. But if thou do that which is evil, be afraid; for he
beareth
not the sword in vain: for he is the minister of God, a revenger to
[execute]
wrath upon him that doeth evil. 5 Wherefore [ye] must needs be subject,
not
only for wrath, but also for conscience sake.6 For for this cause pay
ye
tribute also: for they are God's ministers, attending continually upon
this
very thing. 7 Render therefore to all their dues: tribute to whom
tribute [is
due]; custom to whom custom; fear to whom fear; honour to whom honour
13:1 Let every soul be subject to the governing authorities. For there
is no
authority except from God, and the authorities that exist are appointed
by God.
2 Therefore whoever resists the authority resists the ordinance of God,
and
those who resist will bring judgment on themselves. 3 For rulers are
not a
terror to good works, but to evil. Do you want to be unafraid of the
authority?
Do what is good, and you will have praise from the same. 4 For he is
God's
minister to you for good. But if you do evil, be afraid; for he does
not bear
the sword in vain; for he is God's minister, an avenger to execute
wrath on him
who practices evil. 5 Therefore you must be subject, not only because
of wrath
but also for conscience' sake. 6 For because of this you also pay
taxes, for
they are God's ministers attending continually to this very thing. 7
Render
therefore to all their due: taxes to whom taxes are due, customs to
whom
customs, fear to whom fear, honor to whom honor. Matthew 18:15-17
King James Bible:
Mat 18:15 Moreover if thy brother shall trespass
against thee, go
and tell him his fault between thee and him alone: if he shall hear
thee, thou
hast gained thy brother. 16 But if he will not hear
[thee, then]
take with thee one or two more, that in the mouth of two or three
witnesses
every word may be established. 17 And if he shall
neglect to hear
them, tell [it] unto the church: but if he neglect to hear the church,
let him
be unto thee as an heathen man and a publican.
New King James Bible: 15
"Moreover if your brother sins against you, go and tell him his fault
between you and him alone. If he hears you, you have gained your
brother. 16
But if he will not hear, take with you one or two more, that 'by the
mouth of
two or three witnesses every word may be established.'* 17 And if he
refuses to
hear them, tell it to the church. But if he refuses even to hear the
church,
let him be to you like a heathen and a tax collector.” Matthew 5:38:42
King James Bible:
Mat 5:38 Ye have heard that it hath been said, An eye for an eye, and a
tooth
for a tooth: 39 But I say unto you, That ye resist not evil:
but whosoever
shall smite thee on thy right cheek, turn to him the other also.
40
And if any man will sue thee at the law, and take away thy coat, let
him have
[thy] cloke also. 41 And whosoever shall compel
thee to go a mile,
go with him twain. 42 Give to him that asketh thee, and from
him that
would borrow of thee turn not thou away.
New
King James Bible:
38 "You
have heard that it was said,
'An eye for an eye and a tooth for a tooth.'* 39 But I tell you not to
resist
an evil person. But whoever slaps you on your right cheek, turn the
other to
him also. 40 If anyone wants to sue you and take away your tunic, let
him have
your cloak also. 41 And whoever compels you to go one mile, go with him
two. 42
Give to him who asks you, and from him who wants to borrow from you do
not turn
away.
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