Responsa for Bava Batra 16:2
אמר ליה רבא לרבה בר מרי מנא הא מילתא דאמור רבנן דפדיון שבוים מצוה רבה היא א"ל דכתיב (ירמיהו טו, ב) והיה כי יאמרו אליך אנה נצא ואמרת אליהם כה אמר ה' אשר למות למות ואשר לחרב לחרב ואשר לרעב לרעב ואשר לשבי לשבי ואמר רבי יוחנן כל המאוחר בפסוק זה קשה מחבירו
Raba asked Rabbah b. Mari: Whence is derived the maxim of the Rabbis that the redemption of captives is a religious duty of great importance? — He replied: From the verse, And it shall come to pass when they say unto thee, Whither shall we go forth, then thou shalt tell them, Thus saith the Lord, Such as are for death, to death, and such as are for the sword, to the sword, and such as are for famine, to the famine, and such as are for captivity, to captivity:<span class="x" onmousemove="('comment',' Jer. XV, 2. ');"><sup>1</sup></span>
Teshuvot Maharam
A. No; a change in an accepted custom, which will benefit some members of the community at the expense of others, can be introduced only by unanimous consent of the members.
R. Meir adds that throughout the kingdom, no taxes on real property are levied by the Jewish communities; that those whose wealth consisted mostly of money, attempted several times to introduce a change and tax real property; and that he, R. Meir, did not permit the enforcement of the change, for the reason quoted above.
SOURCES: Pr. 941; Mord. B. B. 481; Agudah B. B. 20. Cf. Weil, Responsa 84; Menahem of Merseburg, Nimmukim (44); Moses Minz, Responsa 63a; Terumat Hadeshen 342.
Teshuvot Maharam
A. The Jews of T who have banded together in electing leaders and giving them authority to manage all communal affairs, had no right to do so even though they represented a majority of the Jewish inhabitants of T, as long as a minority took no part in the reorganization, for no new custom or institution can be established in a community without the knowledge and consent of all its inhabitants. The talmudic statement: "The inhabitants of a city are permitted to enforce their rulings" (B.B. 8b), means: a) If the people of a city unanimously agree to enact a certain ruling, they are permitted to punish and fine anyone who subsequently disregards that ruling; or, b) the seven leaders of a community, originally elected with the knowledge and consent of all the members of the community to manage community affairs and to punish offenders, have the right to enforce their rulings and decrees. But, no majority of city dwellers can force a minority to be governed by a ruling to the original passing of which they have not consented, or to accept the authority of leaders whom they have not consented to elect.
Moreover, any ordinance passed by the inhabitants of a city without the knowledge or consent of a great man (a scholar) residing in their midst, is void and is not binding even upon those who passed the ordinance (B.B. 9a). There can be no doubt, therefore, that no community can pass an ordinance to be binding upon the scholar himself, unless he agrees to its enactment. Thus, an organization established against the express wishes of R. Meir Kohen, a person of high standing and scholarship, has no right to force its authority on all the inhabitants of T. Therefore, R. Meir had the right to resort to the help of Gentiles in order to recover his valuables.
SOURCES: Pr. 968; Mordecai Hagadol, p. 299c; ibid. p. 363b.
Teshuvot Maharam
A. The people of a city have a right to enforce their regulations (B.B. 8b) and to punish and fine anyone not heeding them, especially in such cases where the regulations strengthen the position of the community and tend to ward off disaster. Therefore, the community officers had a right to force A to lower his demand for interest, and they did well even in misleading A, and thus avoiding a calamity.
The question is signed: Yedidyah b. R. Israel, probably of Nuremberg, cf. Cr. 12 end.
SOURCES: Pr. 980.