Talmud Bavli
Talmud Bavli

Responsa for Bava Kamma 224:13

וכי כתבינן אמקרקעי אבל אמטלטלי לא דלמא שמיט ואכיל להו מלוה למטלטלי וכי אתי לוה ומייתי סהדי ומרע ליה לשטרא לא משכח מידי למיגבה

This, however, is not correct; we do not write an <i>adrakta</i> upon movables even though the creditor possesses immovables, since there is a possibility that his property may meanwhile become depreciated in value.<span class="x" onmousemove="('comment',' And would not suffice to meet the repayment. ');"><sup>22</sup></span> Whenever we write an <i>adrakta</i> we notify this to the debtor, provided he resides nearby,<span class="x" onmousemove="('comment',' Within ten parasangs i.e. forty mil, the walking distance of one day, as in M.K. 21b; see Tur, H.M. 98, 9; cf. however Maim. Yad, Malweh we-Loweh, XXII, 4. ');"><sup>23</sup></span>

Teshuvot Maharam

Q. R. Moses, the plaintiff, was not present when the defendants, the Jewish inhabitants of Quedlinburg, took an oath in order to nullify the testimony of R. Moses' single supporting witness; must they take the oath again in the presence of R. Moses?
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.
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Teshuvot Maharam

Q. In the dispute between A and B the court found that B owed A money. A demanded either immediate payment, or that B put up a bond to insure such payment. B, however, asked for the usual thirty days' interval in which to carry out the decision of the court. Are A's demands justified?
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.
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Teshuvot Maharam

Q. In the dispute between A and B the court found that B owed A money. A demanded either immediate payment, or that B put up a bond to insure such payment. B, however, asked for the usual thirty days' interval in which to carry out the decision of the court. Are A's demands justified?
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.
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Teshuvot Maharam

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Teshuvot Maharam

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