Undeniably, a large part of the incentive for misuse of legal proceedings stems from the excessive forgiveness of the legal system, which does not charge an adequate price for such improper attempts. In view of this lenient approach, a party who acts rationally, and conducts a basic 'economic analysis', comes to the conclusion that the damage that he will suffer, if any, from the misuse of the legal proceedings, is much less than the benefit he may derive from it. For example, it is stated in the Talmud, "It is not a mouse that steals, but a thief who steals" (= one should not blame the mouse that steals wheat from the owner of the house, but rather the hole through which it was able to enter the place of theft) (Bavli, Kiddushin 56b). Our Sages taught us a great rule: the failure should not be attributed to the individual who failed, but rather to the system, which did not prevent the pattern of action that led to the failure.
It seems that the subordinate legislator was aware of the current situation, and sought to 'turn the equation around.' From now on, every litigant will know that if he abuses the proceedings of the trial, he will leave the proceedings with his hands on his head. deletion of the statement of claims; imposing expenses on the higher party for the benefit of the other party; and the imposition of expenses at a significant rate for the benefit of the State Treasury, all of which will lead to an "economic analysis" that will be carried out in an ex-enta, indicating the economic infeasibility inherent in the misuse of the legal proceedings. In this way, we will be able to stand guard and ensure that in our actions as judges we promote the administration of justice and prevent the exploitation of the judicial system by those with foreign interests, which are liable to reverse justice" (ibid., paragraphs 33-35).
- These words, which were said in relation to the phenomenon of abuse of legal proceedings, in general, are particularly relevant to the issue of silencing suits - as noted, these lawsuits constitute abuse of great severity, and it is essential to prevent their very filing and conduct. The result is, as stated, that in this case the ruling of particularly high expenses is required. To this end, I am of the opinion that we can use the provisions of Jewish law, with regard to a situation similar to the case in Didan - a situation in which a person leads to the opening of a false proceeding, in order to harass his friend (for my general position regarding this type of assistance, see: Noam Sohlberg, "Jewish Law for the Benefit" Mishpat Studies 33:11-15 (2021)):
"When a witness shall rise up against a man to answer him with evil: and the two men who have quarrel shall stand before the Lord, before the priests and the judges who shall be in those days: and the judges shall seek well, and behold, until the false witness is false, he answered his brothers: And you shall do to him as he plotted to do to his brothers , and to remove the evil from among you: and the remnant shall hear and see, and shall no longer do such an evil thing among you." (Deuteronomy 19:16-20; emphasis added - v. 60).