Siman 24

Our sages, of blessed memory, said [at the beginning of the eighth chapter of Bava Kamma] that we only attend to the plaintiff first, but if the defendant's property would depreciate, we attend to the defendant first. Several interpretations were stated regarding this, and all of them are true in law. Some interpreted it, for example, where Reuven sues Shimon in a manner where Shimon cannot say "I paid," such as with a promissory note or with witnesses within its term and the like, and Shimon responds that Reuven holds a mashkon of his or similar, and requests time for this to clarify the matter for more than thirty days, which is the time of beit din. Even if the beit din knows that he has witnesses in the matter, but it is not known to the beit din that he needs more than thirty days for this, they do not give him the time he requests and they command him to pay Reuven immediately. Since he is not requesting time for the payment of money, and apparently he currently has the means to pay, but is only requesting time for the clarification of his claim beyond the time of beit din, this we do not give him, as written in siman 16. Therefore, he must pay immediately, and afterwards they will attend to his claim regarding the matter of the mashkon and the like. However, "if his property would depreciate"—meaning that the beit din sees that through this, a loss will reach Shimon, such as if now is the time for the sale of mashkonot and if he does not sell now he will suffer damage—we attend to the defendant first and give him the time as he requests. Or, if the beit din sees that if they command him to pay immediately there will be a cheapening of his property and the like, we attend to the defendant first. Or, if the beit din sees that by pressuring him to pay now, damage will reach him in his status or in shidduchin, or that it will be difficult to extract his own from the hand of the plaintiff afterwards, we also attend to clarifying the claim of the defendant first, even though it is more than the time of beit din. But the time of beit din is given to him in any case. However, all this is at a time when the beit din knows or understands that, in any event, there is substance to the claim of the defendant. But if they do not know at all that there is substance to his claim, and according to their understanding there is no substance to his claim, we do not attend to him even if his property would depreciate, and he is obligated to fulfill the p'sak din immediately when he does not request the time of beit din for the payments. For if not so, every defendant will act with cunning and push off the plaintiff with trivial matters; and this depends on the assessment of the dayanim.

And there are those who explained this regarding the matter of attending first to the claims, such as where the plaintiff wants his claims to be heard first and afterwards those of the defendant, and the defendant wants the opposite, we listen to the plaintiff. But "if his property depreciates," meaning that the beit din sees that through the fact that a rumor goes out against him that he is being sued, damage will reach his property, such as with securities and the like, the beit din says that the defendant shall claim first. And similarly, if the plaintiff wants the beit din to receive his witnesses first and afterwards receive the witnesses of the defendant, and the defendant wants the opposite, we attend first to the witnesses of the plaintiff. But "if his property depreciates," meaning that damage will reach the defendant through this, such as if the witnesses of the defendant will go from here to a distant place if they do not receive their testimony immediately and the like, we attend to the witnesses of the defendant first. In what case are these words said? When regarding the plaintiff there is no such concern that is to be concerned for regarding the defendant. But if there is also this concern regarding the plaintiff, we attend to the plaintiff first. For that which the sages, of blessed memory, said, that "if his property depreciates" regarding the defendant we attend to him first, this is when his property depreciates and not that of the plaintiff. But if in any case the property of one of them will depreciate, the law returns to its original state, that we attend to the plaintiff first.

And so too, if the plaintiff requests from the beit din that they not attend to this case now, or if the defendant is obligated in an oath and the plaintiff requests that he not swear now but rather whenever the plaintiff desires, or if he said that he has further claims against the defendant and it is not his will to claim them now but rather after some time, and the defendant is not satisfied with all of this—we listen to the plaintiff, since there is no damage in this to the defendant. Therefore, if his property depreciates, meaning that the beit din understands that through this, that the matter will be prolonged from its judgment or from his oath or from the plaintiff's further claims, damage will reach him in his affairs, they command the plaintiff to stand with him now in judgment and finish all his claims that he has against him and finish his oath and all similar matters. And this will be further explained in siman 87, section 23; see there. And so too, in a place where the law is that this one collects and that one collects, as will be explained in siman 85, we attend to collecting for the plaintiff first; but if the beit din sees that through this damage will reach the defendant, we attend to the defendant first. And if Reuven sued Shimon in beit din and Shimon did not want to answer him, and he is a violent man and it is impossible to compel him, if afterward Shimon sued Reuven with other claims, Reuven does not need to answer him until Shimon answers him regarding the first claim that he sued him for [Sma]. And all these matters depend on the sight of the eyes of the judges according to the matter; and "give to a wise man and he will become yet wiser" to understand one thing from another in such matters that it is impossible to detail them.