Responsa for Bava Batra 316:5
וטעמא מאי אמר אביי הואיל והוחזקה נחלה באותו שבט:
<b><i>GEMARA</i></b>. In whose established right of ownership?<span class="x" onmousemove="('comment',' Does the estate remain according to R. Akiba? ');"><sup>12</sup></span> — R. Elai said: In the established right of the ownership of the heirs of the mother. R. Zera said: In the established right of the ownership of the heirs of the son. When R. Zera went up [to Palestine] he adopted<span class="x" onmousemove="('comment',' Lit., 'stood'. ');"><sup>13</sup></span> the principle of R. Elai.<span class="x" onmousemove="('comment',' 'Rabbah adopted the principle of R. Zera', which follows in current editions is to be deleted. (V. BaH, R. Gersh. and R. Han, a.l.) — [It is, however, well to remember that R. Elai was a Palestinian and that R. Zera must have become aware of R. Elai's view only after he came to Palestine when he was led to abandon his own opinion, whereas Rabbah, who still remained behind in Babylon, retained the view of his colleague, R. Zera. Considered in this light, the reading in our current editions is quite in order.] ');"><sup>14</sup></span>
Teshuvot Maharam
After protracted litigation, the widow (of Speyer) and her levirs finally came to court and chose their judges. These judges asked the opinion of R. Meir who put them off and advised them to ask the great (Jewish) leaders of the Kingdom (Germany) regarding the ordinances passed by the communities affecting the relations of a widow and her levirs. The leaders all agreed that after the rite of halitzah is performed, one half of the husband's estate belongs to the widow and one half to the levirs. R. Meir states that he knows no further details regarding these laws of the communities, and renders the following decision in accordance with talmudic law:
A. If A's widow, three months after his death refuses to undergo the rite of halitzah or marry her levir, she is to be considered as a rebellious wife and all of A's property is to be taken away from her, except that which she has brought in as a dowry, upon her marriage to A. If, however, she consents to undergo the rite of halitzah, she receives half of A's property, as is the Takkanah of the communities. From this amount is deducted the sum she admits, under oath, to have wasted, lost, and given away as presents, while A was alive and after his death.
SOURCES: Pr. 563; Mord. Yeb. 23. Cf. Terumat Hadeshen 220; Isserlein, Pesakim 262; ibid. 263; ibid. 264.