Responsa for Bava Batra 198:1
משום חשד אשתו:
In order [to avert] suspicion from his wife.<span class="x" onmousemove="('comment',' By his affixing a lock to the cistern he prevents the other from using the water in his absence and, consequently, deprives him of the excuse of entering his house while his wife is alone. ');"><sup>1</sup></span> <b><i>MISHNAH</i></b>. HE WHO HAS A GARDEN WITHIN THE GARDEN OF AN OTHER MAN ENTERS WHEN IT IS USUAL FOR PEOPLE TO ENTER AND GOES OUT WHEN IT IS USUAL FOR PEOPLE TO GO OUT. HE MUST NOT BRING [ANY] DEALERS INTO IT.<span class="x" onmousemove="('comment',' The produce of the garden must be carried out to the dealers so that they cause no damage to the outer garden by passing through it. ');"><sup>2</sup></span>
Teshuvot Maharam
Q. A claims that his assets, equal to forty marks, for which the community demands a tax, are not taxable.
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.
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.
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