Responsa for Bava Kamma 224:12
והני מילי במלוה אבל בפקדון לאלתר כתבינן
on his property. All this, however, is only if he has pleaded: 'I will come [and defend]', whereas if he said: 'I will not appear at all' we have to write the <i>adrakta</i> forthwith; again these rulings apply only in the case of a loan, whereas in the case of a deposit we have to write the <i>adrakta</i> forthwith.<span class="x" onmousemove="('comment',' For the bailee has no right to detain the deposit for any period of time whatsoever. ');"><sup>20</sup></span> An <i>adrakta</i> can be attached only to immovables but not to movables, lest the creditor should meanwhile carry off the movables and consume them so that should the debtor subsequently appear and bring evidence which invalidates the document, he would find nothing from which to recover payment. But if the creditor is in possession of immovables we may write an <i>adrakta</i> even upon movables.<span class="x" onmousemove="('comment',' For the immovable possessions of the creditor safeguard the repayment to the debtor, should occasion arise. ');"><sup>21</sup></span>
Teshuvot Maharam
A. If the oath has been legally administered by a proper person (who is related neither to R. Moses nor to the inhabitants of Quedlinburg) there is no need for another oath.
This Responsum is addressed to R. Shemariah, and is the second communication regarding this case.
SOURCES: Pr. 231; L. 382; Tesh. Maim. to Haflaah, 1. Cf. P. 514; Mord. Ket. 296–7.
Teshuvot Maharam
A. B is entitled to the thirty days' interval. The system of justice current in Israel is guaranty enough for A that after the thirty days will have passed the court will enforce its ruling. The reason for allowing a person only thirty days within which to comply with a court's decision, while, according to the Talmud, an adrakta is written after a ninety day interval, is this: An adrakta is written when the court finds no property from which to collect; but, if the property of the debtor is within reach, a judgment is enforced after the thirty days' interval has passed.
SOURCES: L. 267; P. 297.
Teshuvot Maharam
A. B is entitled to the thirty days' interval. The system of justice current in Israel is guaranty enough for A that after the thirty days will have passed the court will enforce its ruling. The reason for allowing a person only thirty days within which to comply with a court's decision, while, according to the Talmud, an adrakta is written after a ninety day interval, is this: An adrakta is written when the court finds no property from which to collect; but, if the property of the debtor is within reach, a judgment is enforced after the thirty days' interval has passed.
SOURCES: L. 267; P. 297.