Translation:Shulchan Aruch/Choshen Mishpat/100

Paragraph 1- If the borrower says I will pay back but set up a time for me so I can borrow from someone else or give something as collateral or sell something and bring the money, we give him 30 days. If the judges see that 30 days will not be sufficient, they can add for him. If he does not need that much, they can give him less. If the plaintiff says that he has to leave and cannot wait that many days, we tell him to appoint a messenger who will wait the time. We do not obligate him to provide collateral because if there were moveable items available, the court can collect from him immediately. If the lender wants to place a cherem on anyone who has money or moveable items and is misleading him with words, he may place the cherem. We do not obligate the borrower to bring a co-signer until he can pay unless the judges are concerned he may flee or avoid paying. We only give time to repay, but not for an oath. Rather, he will swear the first day he enters. Similarly, we do not give time for other matters a person obligated himself to do by a certain time or face a penalty. As soon as the time arrives, he is obligated to pay the fine or do what he committed to.

Paragraph 2- There are those that say that if one has a date set up for repayment and the date arrives, we would not give him another time. There are those that say that here too we would give him a 30 day period. Even if the lender were to come 30 days prior to the date and make the claim, we would still need to give him 30 days from the date that was set up.

Paragraph 3- If the 30 days had completed and the borrower did not bring the money, the court would write a collection authorization immediately on the borrower’s property. If they do not find any property they would not ostracize him. If, however, he says I do not want to pay, they would write an authorization on his properties and if they cannot find any of his properties, they would warn him on Monday, Thursday and Monday and subsequently ostracize him and he will remain ostracized until he pays or claims he does not have any money and swears to that effect. If he remains ostracized for 30 days and does not make a claim to release the ostracism, we ostracize him again for 30 days. If he still remains ostracized we put a cherem on him. The rules of ostracism and cherem are explained in Tur Yoreh Deah Siman 334.