This is when a Hukm is established by the Sunnah that makes it necessary to oppose the Qiyaas and to reject it, within a reality from amongst the realities. An example of this is found in what has been narrated in relation to the validity of fasting when food or drink is consumed accidently. The Qiyaas dictated the breaking of the fast however the presence of the text guiding to the validity of the fast made the Hanafiyah reject the Qiyaas within this context.

Another example in respect to the Hanafiyah relates to the invalidation of the Wudoo’ and the loud burst of laughter during the Salaah. Qiyaas dictates that the Salaah alone is invalidated as the fault or defect lay in it alone. And if the fault lay in the Mashroot (conditioned matter) which is the Salaah that fault (Khalal) does not extend beyond that to the Shart (condition) which is the Wudoo’. However, that which nullifies the Wudoo’ is the Sunnah because the Nabi (saw) declared the Wudoo’ of those who had laughed out loud in their Salaah as a result of seeing a blind man tumble to be invalidated.

Consequently, the Istihsaan taken from the Sunnah is in opposition to the Qiyaas in these two scenarios and consequently the Sunnah is taken and not the Qiyaas.