ثم بعد ذلك نوع من الإجماع وهو عدم القائل بالفصل.
Another form of consensus discussed is the absence of anyone distinguishing between two cases.
This argument says that because the jurists do not separate two related cases, a principle established for one should carry over to the other. But such reasoning is not automatically valid.
The decisive question is whether the controversy in the two cases has one common source or different sources. A common underlying principle can support the argument; unrelated underlying grounds cannot.