Translation:Shulchan Aruch/Choshen Mishpat/419

Paragraph 1- When the court collects from the tortfeasor’s property on behalf of the victim, they first collect from his movable items. If he did not have any movable items or he did not have enough to pay for the entire damage, they would collect the remainder from the best of the tortfeasor’s properties. So long as the court finds movable items, even if it is bran, they would not collect from real property. Even if the tortfeasor has silver, he can pay back with bran because all movable items are considered “the best.” We would appraise the value of how much the items could be sold for now in its current location. When paying back from real property, even if the tortfeasor’s inferior properties were as good as the victim’s superior properties, we would not accept them from him. Rather, he must pay from the superior of his properties.

Paragraph 2- If the tortfeasor has two superior properties, the victim cannot say give me such and such of the superior properties. Rather, it’s up to the discretion of the tortfeasor to give whichever one he wants. If the tortfeasor wants to give the superior property the victim asked for, but right now its value went down and he would need to wait for it to appreciate, and he tells the victim that if he wants to take it he can take it at the price it is going to appreciate to, we would not listen to him. Rather, he must give it at its current value.

Paragraph 3- If the tortfeasor died before the victim collected, we would collect from the orphans’ movable items for the victim. If the tortfeasor did not leave any movable items, we would collect from his inferior real property because anyone who comes to collect from orphans’ properties can only collect from the inferior properties.