that it was forbidden until the Lawgiver designated intoxication as the effective cause of its prohibition. Thus, it is not an effective cause in the true sense, but merely an indication and a sign of the ruling.
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The validity of an effective cause in the original case is established by the Book, the Sunnah, the consensus of the community, demonstrated effect, and corroboration by established rulings. Demonstrated effect means that, in a particular instance, the ruling is absent when the effective cause is absent. Corroboration by established rulings is illustrated by a Mālikī arguing against a Hanafī that loud laughter does not invalidate ablution during prayer, just as it does not invalidate it before prayer, by analogy with speaking. When asked to establish the validity of the effective cause, he replies that established rulings consistently treat the two situations alike.
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All of this falls into two categories:
The first is where the effective cause is known with certainty, having been established by conclusive evidence admitting no alternative interpretation. This may be an explicit text, such as the Prophet’s statement, peace and blessings be upon him: “I only forbade you because of the people who came to you.” Or it may be an implicit indication, such as his question: “Do fresh dates diminish when they dry?” They replied, “Yes.” He said, “Then no.” Or it may be an a fortiori inference, as when he prohibited sacrificing a one-eyed animal, indicating that a blind animal is even more deserving of this prohibition. Or it may be an implication of the wording that does not involve an a fortiori inference, as when he prohibited urinating in stagnant water and commanded that melted ghee be poured away if a mouse died in it. His wording indicates that blood is like urine and oil is like melted ghee. Or it may be consensus, such as their consensus that the prescribed punishment for a slave is reduced only because of his enslaved status, and similar cases. All of this constitutes clear analogy, although some forms are clearer than others.
The second is where the effective cause is probable rather than known with certainty, when it has not been established by conclusive evidence that does not