وحكم القياس الأول: أن لا يبطل بالفرق
An analogy of the first type is not invalidated by an irrelevant distinction.
This does not make every difference meaningless. Once the same operative cause and specific type of ruling are established, a difference that does not affect them cannot defeat the analogy.
Two minors may differ in clothing or residence without losing the relevant attribute. A difference affecting legal capacity or the actual cause, however, would require reassessment.
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Applying Validity Conditions and Identifying Causes in Legal Analogy
وحكم القياس الأول: أن لا يبطل بالفرق
An analogy of the first type is not invalidated by an irrelevant distinction.
This does not make every difference meaningless. Once the same operative cause and specific type of ruling are established, a difference that does not affect them cannot defeat the analogy.
Two minors may differ in clothing or residence without losing the relevant attribute. A difference affecting legal capacity or the actual cause, however, would require reassessment.