Responsa for Bava Batra 199:11
דרך הרבים שש עשרה אמה: תנו רבנן דרך היחיד ארבע אמות דרך מעיר לעיר שמונה אמות
R. Jose, son of R. Hanina, said: The Sages agree with R. Eleazar in [the case of] a path of vineyards. Since it was made [only] for walking it is acquired by walking. When they came before R. Isaac b. Ammi [with the case of one who sold to another a path in vineyards], he said unto them: Give him [a path so wide] that he may carry [through it] a load of twigs and [be able to] turn round.<span class="x" onmousemove="('comment',' Without touching the fences of the path. ');"><sup>21</sup></span> This, [however], has been said only [in the case] where [the path] is marked out by walls, but when it is not marked out by walls [the width of the path need be only] so much as [to allow him] to lift up one foot and put down the other.<span class="x" onmousemove="('comment',' Since there are no walls, one can carry a load conveniently, however narrow the path may be. ');"><sup>22</sup></span> A PRIVATE PATH … FOUR CUBITS. A Tanna taught: Others say [that the path must be of such a width] as an ass with its load may be able to pass. R. Huna said: The <i>halachah</i> is according to the Others. The Judges of the Exile<span class="x" onmousemove="('comment',' Samuel and Karna. ');"><sup>23</sup></span> say: [The width is to be] two cubits<span class="x" onmousemove="('comment',' Gomed; V, however p. 279, n. 6. Others consider the gomed to be shorter than the cubit by a hand's length and to represent the distance between the elbow and the fingers. ');"><sup>24</sup></span> and a half; and R. Huna said [that] the <i>halachah</i> is according to the Judges of the Exile. Did not R. Huna say [that] the <i>halachah</i> is according to the Others? — Both measurements are identical.<span class="x" onmousemove="('comment',' Lit., 'this and this are the same size.' ');"><sup>25</sup></span> A PUBLIC ROAD … SIXTEEN CUBITS. Our Rabbis taught: A private path<span class="x" onmousemove="('comment',' For one person into his own field. ');"><sup>26</sup></span> [is of the width of] four cubits; a path from one town to another<span class="x" onmousemove="('comment',' Reserved for the sole use of the inhabitants of the two towns. ');"><sup>27</sup></span> [is to have a width of] eight cubits;<span class="x" onmousemove="('comment',' To allow two wagons to pass each other. ');"><sup>28</sup></span>
Teshuvot Maharam
A. The decisions on questions of taxation are dependent more on custom than on talmudic law. The following rule is generally accepted by the communities: In any tax dispute between an individual and the community, the latter first collects the tax and then goes to court. Therefore, even before the tax is collected, the community is considered to be in possession of the tax-money, and the burden of proof falls upon the individual. This is not only an accepted custom, but also good talmudic law, and is operative even in a new community where there are no established customs. But if the community in question has a different custom, that custom prevails, though it be at variance with talmudic law.
This Responsum is addressed to R. Eliakim ha-Kohen.
SOURCES: Pr. 106; Mord. B. B. 522; cf. also Cr. 49; Pr. 708, 915; L. 371; Am II, 130. Agudah B.M. 108; Moses Minz, Responsa 72; Terumat Hadeshen 341.