Citing examples to clarify that the realization of the maqasid (operative cause) to which the legal ruling is attached is what varies, because the ruling follows the cause in both existence and absence.
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The Shaykh : The prohibition of khamr (intoxicants) in the Islamic Shari'ah was not established all at once, but it progressed gradually until it reached a definitive prohibition. Let us look at the gradual progression of this ruling regarding khamr. In some verses, Allah the Exalted stated that it is lawful. In which verse?
The student: ...
The Shaykh : No.
The Shaykh : I say:[An-Nahl 16:67] This verse was presented as a favor regarding what Allah the Exalted provided in the fruits of date palms and grapevines. It contains a clear indication that intoxication derived from dates or grapes is permissible. Likewise, the verse mentioned by the brother: [An-Nisa 4:43] indicates that it is permissible outside of prayer times.
The second stage is that it clarified that khamr and maysir (gambling) contain sin and benefits, but their sin is greater than their benefit. This necessitates that a person of sound mind avoid them. Why? Because any person of sound mind, when presented with something containing sin and benefits, and told that the sin is greater than the benefit, will undoubtedly avoid it. A person of sound mind weighs things, balancing their harms and benefits. If the harm is greater than the benefit, he must avoid it by the dictate of reason, just as he avoids it by the dictate of the Shari'ah. But does this verse contain a definitive prohibition? The answer is no.
The third stage, or the third state, is the prohibition of prayer while intoxicated:[An-Nisa 4:43] The prohibition of approaching prayer in a state of intoxication necessitates that people not drink khamr at a time close to prayer, lest they attend prayer while intoxicated. This means that people will refrain from it for a significant portion of their time.
The fourth state is the definitive prohibition in the words of Allah the Exalted:[Al-Ma'idah 5:90-91] By this verse, khamr was prohibited with a decisive and definitive prohibition. So, we say that the Shari'ah is suitable for all times and places.
The student: ...
The Shaykh : No.
The Shaykh : I say:
And from the fruits of the palm trees and grapevines you take intoxicant and good provision
ومن ثمرات النخيل والأعناب تتخذون منه سكراً ورزقاً حسناًO you who have believed, do not approach prayer while you are intoxicated until you know what you are saying
يا أيها الذين آمنوا لا تقربوا الصلاة وأنتم سكارى حتى تعلموا ما تقولونThe second stage is that it clarified that khamr and maysir (gambling) contain sin and benefits, but their sin is greater than their benefit. This necessitates that a person of sound mind avoid them. Why? Because any person of sound mind, when presented with something containing sin and benefits, and told that the sin is greater than the benefit, will undoubtedly avoid it. A person of sound mind weighs things, balancing their harms and benefits. If the harm is greater than the benefit, he must avoid it by the dictate of reason, just as he avoids it by the dictate of the Shari'ah. But does this verse contain a definitive prohibition? The answer is no.
The third stage, or the third state, is the prohibition of prayer while intoxicated:
O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying or in a state of janabah, except those passing through [a place of prayer], until you have washed [your whole body]
يا أيها الذين آمنوا لا تقربوا الصلاة وأنتم سكارى حتى تعلموا ما تقولون ولا جُنباً إلا عابري سبيل حتى تغتسلواThe fourth state is the definitive prohibition in the words of Allah the Exalted: