ومثال الشرط الخامس: ما لا يكون الفرع منصوصاً عليه
A fifth-condition example concerns a case not already settled by its own text.
The expiations for zihar, oaths and certain homicides have their own textual qualifications. It would be unsound to transfer every condition from one to another solely because each is an expiation.
Likewise, a person prevented from completing pilgrimage after entering ihram has specific rules about release and sacrificial offering. An analogy with tamattuʿ or makeup fasting cannot supersede those rules.
Qiyas operates only where a superior proof has not already resolved the proposed legal question.