The Talmud raises a difficulty to the ruling of the mishna from a statement of Rabbi Elazar.

In light of the fact that the mishna spoke in general terms about a claimant and respondent who may determine the members of the court, the Gemara asks: And can even a debtor prevent selection of the court, and refuse to be judged before a court that he rejects? But doesn’t Rabbi Elazar say: The Sages taught that only a creditor can refuse to be judged by a court chosen by the debtor, due to his desire to be judged by a prominent court, but a debtor cannot refuse in a like manner, as they compel him to be judged in the court that convenes in the creditor’s city.