Talmud Bavli
Talmud Bavli

Responsa for Bava Kamma 224:11

לא אתא כתבינן אדרכתא אניכסיה והני מילי דאמר אתינא אבל אמר לא אתינא לאלתר כתבינן

out against him to take effect after ninety days. For the first thirty days we do not take possession of his property as we say that he is busy trying to borrow money; during the next thirty we similarly do not take possession of his property as we say perhaps he was unable to raise a loan and is trying to sell his property; during the last thirty days we similarly cannot take possession of his property as we still say that the purchaser<span class="x" onmousemove="('comment',' Who might perhaps have bought some of his property. ');"><sup>18</sup></span> himself is busy trying to raise the money. It is only if after all this he still does not appear that we write an <i>adrakta</i><span class="x" onmousemove="('comment',' Lit. 'tracing and authorisation', i.e., a legal order to trace the debtor's property for the purpose of having it seized and assessed to the creditor for his debt; v. B.M. (Sonc. ed.) p. 95. n. 8. ');"><sup>19</sup></span>

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. How much time is a defendant allowed to comply with the court's decision and pay the claimant, before further action is taken against him?
A. A defendant is allowed thirty days to comply with the decision of the court, if he is ordered to pay money to the claimant. If, however, the court's order is that he take an oath, he must do so at the next court session. Moreover, action is immediately taken against a defendant who admits that he has money, but refuses to comply with the court's decision.
SOURCES: Pr. 945; Cr. 103; Mord. B. M. 414.
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