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Though Job boldly and confidently stated his "case" in chapter 13, his boldness only emerged out of a series of conflicting feelings that arose earlier in the book. As early as chapter 9 Job employs the strategy of the lawsuit as a literary device, but even there he recognizes both the promise and peril of proceeding in that manner. He tried cynicism and outrage in Job 7, and it led him only to depletion of energy and the request for God to leave him alone. At least as he utilizes the strategy of a lawsuit, he has a traditional terminology and a series of procedural expectations that can be met.

Job and the Language of Law

Job first mentions the idea of a lawsuit in 9:3, and we immediately see his mixed reactions to it. He says, "If one wished to contend with him, one could not answer him one in a thousand." The language is susceptible to two meanings. On the one hand, in the context of a lawsuit (a 'reeb'), Job could be saying that if he brings his suit, he would not be able to answer the onslaught of God's probing questions in cross-examination. On the other hand, the second half of the verse can be rendered, "he (God) would not answer him one in a thousand," meaning that God might not deign even to respond to Job.

Thus, the two possibilities that will occupy Job's attention throughout the rest of the book are presented in 9:3. On the one hand he is afraid that God WILL answer him by, figuratively speaking, blowing him away. On the other hand, he is afraid that God will ignore him and treat his carefully crafted legal complaint as something easily dismissed. Both of these fears dominate and even haunt Job.

Thinking More About Legal Process

Job thinks further about the risks before he proceeds. His frustration grows as he realizes that God is not simply "wise in heart and mighty in strength (9:5)," but is angry as well (9:13). Since God did not turn back his anger when subduing Rahab, Job wonders how he can approach God. He says,

"How then can I answer him, choosing my words with him? Though I am innocent, I cannot answer him; I must appeal for mercy to my accuser. If I summoned him and he answered me, I do not believe that he would listen to my voice. For he crushes me with a tempest (Job 9:14-17)."

In this passage the tension hinted at briefly in 9:3 reaches a fever pitch. Job lays out two possibilities. First, how can "I" answer God? This question assumes that God will respond to Job's complaint by a barrage of questions and that Job would then have to "answer" ('anah'). But, if this happens Job is convinced that in some way God would even rig it that, even though he is innocent, God would make him "fess up" to some kind of guilt (cf. 9:20). God is so strong, and so angry, that He will possibly, even though Job is righteous, so arrange the circumstances that Job will become tongue-tied and admit his fault. We all know and have experienced circumstances where a superior power or force has tricked us into admitting fault or bearing responsibility when we really bore none. Job believes this will happen to him.

Second, he considers the possiblity that if he "summoned" God ('kara'--"If I called"), and God "answered" (v. 14 envisioned Job having to "answer" God), God would just disregard what Job says. God might disregard it because it is a flimsy defense that God will crush in the process of crushing Job or God might ingore it because God doesn't need to give heed to the puny words of a pusillanimous creature. Job lists his real problem, "I do not believe he would listen to my voice (9:16)." Ultimately, Job wants to be heard. My thesis in my "Elihu essays" is that it was not until Elihu's speeches that Job was "heard" for the first time (36:15-17)."

The fact is that Job is now on the horns of a dilemma. He wants to pursue a lawsuit but is filled with fear as he does so. But he will not let the idea of a lawsuit drop. Again and again he will return to legal terminology.