Translation:Shulchan Aruch/Choshen Mishpat/102

Paragraph 1- If the lender comes to collect real property, he collects from the borrower’s average properties because we evaluate the borrower’s properties in determining where to collect from.

Paragraph 2- If the borrower had three or four average fields, the lender cannot say give me such and such field which is dear to me. Rather, it’s up to the borrower’s discretion to give the lender whichever field the borrower wants. If the lender wants an inferior field and says give me a little more of an inferior field, we would listen to him. The lender collects based on the low price now and not at the inflated price at a later date. There are those that say that we do not force the borrower to give him the inferior field. Rather, if the borrower wants to give him based on the inflated price later we force him to give at the lower price at the moment.

Paragraph 3- If the lender says give me a little less superior property, we would not force the borrower to give it, even at the inflated price at a later date. If the borrower only has superior property, he cannot sell it to purchase average properties for his creditor to collect. Rather, we collect from the superior properties. Even if the borrower has superior properties in his area and average in another area, he cannot tell the lender to take from the average in the other area. Rather, he must give him from the superior property in the place of the creditor.

Paragraph 4- If the borrower only has superior properties, average properties or inferior properties, the lender takes them as is. If the borrower has superior and average properties, he gives the average properties. If the borrower has superior and inferior, he only has to give inferior. If the borrower has inferior and average and had superior at the time he borrowed and subsequently sold it, he must give the average. If he did not have superior at the time he borrowed, he gives him the inferior property.

Paragraph 5- If the borrower has superior, average and inferior and made a condition to pay back from the superior properties and he also had land greater than superior which was ruined, the superior takes the place of the greater lands and he would only have to pay back from the average.