Responsa for Bava Batra 200:9
מיתיבי אמרו לו אם כן אף בשבת מותר לעשות כן ואי אמרת בבית הקברות וביום א' בית הקברות בשבת מאי בעי בעיר הסמוכה לבית הקברות דאמטיוהו בין השמשות:
<b><i>MISHNAH</i></b>. IF ONE SELLS A PLOT [OF GROUND] TO ANOTHER AS A [FAMILY] GRAVE AND, LIKEWISE, IF ONE ACCEPTS [AN ORDER] FROM ANOTHER TO CONSTRUCT FOR HIM A [FAMILY] GRAVE, THE CENTRAL SPACE<span class="x" onmousemove="('comment',' Family graves were constructed in the form of a central grotto from which sepulchral chambers opened into the surrounding walls. ');"><sup>21</sup></span> OF THE GROTTO MUST HAVE [AN AREA OF] FOUR CUBITS BY SIX.<span class="x" onmousemove="('comment',' The height of the grotto is to be, according to the Tosefta, four cubits. ');"><sup>22</sup></span> AND EIGHT SEPULCHRAL CHAMBERS ARE TO OPEN OUT INTO IT; THREE FROM [THE WALL ON] ONE SIDE.<span class="x" onmousemove="('comment',' Of the two longer walls. ');"><sup>23</sup></span>
Teshuvot Maharam
A. A is under no obligation to repay the five marks to B since he carried out a direct order to pay this amount to the bishop. Moreover, had A acted on his own initiative and ransomed B without being requested to do so, he would still have been entitled to reimbursement, for a Jew should be ransomed even against his express will, and may be charged with the expenses thus incurred. The promise of the rich man to speak to the bishop was of no consequence, since he did not offer to spend money on B's behalf. We know that mere words are of no avail. The Gentiles are not moved by words, only money affects them. Those who fall into their hands have no hope for deliverance save through the payment of ransom.
This Responsum is addressed to Rabbi Haim Paltiel b. Jacob.
SOURCES: Cr. 32–3; Tesh. Maim. to Nezikin, 17. Cf. Maharil, Responsa 78.
Teshuvot Maharam
A. A Jew should be ransomed even against his express will, and be charged with the expenses incurred. A captive in the hands of Gentiles is exposed to ruthless treatment and incessant flogging, and his very life is in danger. Therefore, anyone who effects the ransom of a Jew is praiseworthy and is entitled to the expenses incurred. Moreover, Jews threatened by a common danger may force one another to contribute of their means to the measures that will free them of that danger. A and B have to share the expenses in proportion to their wealth, since they were captured for the purpose of extorting money from them.
R. Meir adds that this question had already been sent to him from Magdeburg. He had also been asked concerning a tutor who was arrested because of a false accusation, and who requested his former employer not to ransom him. R. Meir's answer was the same.
SOURCES: Pr. 39; L. 345, cf. Mord. B. K. 58–59; Cr. 32–33; Am. II, 128; Tesh-Maim. Nezikin, 17. Weil, Responsa 148; ibid. 149; Moses Minz, Responsa 1.