Be-mai peligei
Encyclopedia
Be-mai peligei is a phrase used in legal debates in the Talmud
, meaning on what do they disagree?
It is used in explaining the difference between two views of the law (usually as expressed by two different rabbis). The implication is that they agree on the practical result but differ on the source text or legal principle forming the rationale for that result.
It is contrasted with the question Mai nafka minnah
, "what goes out from it", which indicates that in a distinction between two or more legal opinions or conceptual categories, there must be some practical effect that emerges from the distinct categories as conceived. In other words, nafka minnah concerns the tachlis or "bottom line".
An example of be-mai peligei occurs at Temurah 6a, where Rava
and Abaye
are discussing whether a transaction which breaches a religious law can have any legal validity, Rava holding that in general it does not and Abaye holding that it does. However, in a series of examples drawn from different fields of law it is found that they agree on the practical result in every case. "So on what do they disagree?" Rava holds that, while the general principle is that such transactions are invalid, exceptionally they are valid where there is an indication to this effect in the Biblical text. Abaye holds that, while the general principle is that such transactions are valid, exceptionally they are invalid where there is an indication to this effect in the Biblical text. In other words they agree on the lists of examples but differ on which is the general rule and which is the exception.
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
, meaning on what do they disagree?
It is used in explaining the difference between two views of the law (usually as expressed by two different rabbis). The implication is that they agree on the practical result but differ on the source text or legal principle forming the rationale for that result.
It is contrasted with the question Mai nafka minnah
Nafka minnah
Nafka minnah is a Talmudic phrase used in analytical debates. It is often used in the phrase Mai nafka minnah? , which asks, "What is the practical difference?"-Terminology:...
, "what goes out from it", which indicates that in a distinction between two or more legal opinions or conceptual categories, there must be some practical effect that emerges from the distinct categories as conceived. In other words, nafka minnah concerns the tachlis or "bottom line".
An example of be-mai peligei occurs at Temurah 6a, where Rava
Rava
Rava may refer to:* Bishnuprasad Rabha* Abba ben Joseph bar Ḥama , a Jewish Talmudist who lived in Babylonia, always known by the honourific name Raba/Rava* Rava , an island in the Croatian part of the Adriatic sea...
and Abaye
Abaye
Abaye was a rabbi of the Jewish Talmud who lived in Babylonia [בבל], known as an amora [אמורא] born about the close of the third century; died 339 . His father, Kaylil, was the brother of Rabbah bar Nachmani, a teacher at the Academy of Pumbedita. Abaye's real name was Nachmani, after his...
are discussing whether a transaction which breaches a religious law can have any legal validity, Rava holding that in general it does not and Abaye holding that it does. However, in a series of examples drawn from different fields of law it is found that they agree on the practical result in every case. "So on what do they disagree?" Rava holds that, while the general principle is that such transactions are invalid, exceptionally they are valid where there is an indication to this effect in the Biblical text. Abaye holds that, while the general principle is that such transactions are valid, exceptionally they are invalid where there is an indication to this effect in the Biblical text. In other words they agree on the lists of examples but differ on which is the general rule and which is the exception.