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
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.