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As for what resembles this in one respect but not another, it consists of disputed matters in which those concerned were allowed to maintain their respective positions and act upon them, based on the independent judgment of scholars, shaykhs, commanders, and kings. Examples include the Companions’ differing judgments concerning cutting down date palms or leaving them standing, and their judgments concerning the afternoon prayer when the Prophet, peace and blessings be upon him, sent them to Banū Qurayza and commanded them not to pray it until they reached Banū Qurayza. Some prayed along the way, within its appointed time, saying, “He only intended us to hasten, not to miss the prayer.” Others delayed it until they arrived and prayed after its appointed time, adhering to the apparent generality of his wording. The Prophet, peace and blessings be upon him, rebuked neither group.

He, peace and blessings be upon him, also said:

“When a judge exercises independent judgment and reaches the correct decision, he receives two rewards; when he exercises independent judgment and errs, he receives one reward.”

In matters over which the Companions disagreed, they agreed that each group should allow the other to act according to its own independent judgment. These included matters of worship, marriage, inheritance, stipends, governance, and other issues. In the first year, ‘Umar ruled in the Himāriyya inheritance case against allowing full siblings to share with maternal half-siblings; in the following year, he allowed them to share in a case identical to the first. When asked about this, he said: “That case stands according to what we ruled then, and this one according to what we rule now.”