told them: Husayn—that is, al-Muallim—informed us from Amr ibn Shuayb, from his father, from his grandfather (may Allah be pleased with him), that a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, “I am poor and possess nothing, yet I am responsible for an orphan.” He said, “Consume from your orphan’s property without extravagance, without hastening to consume it, and without accumulating wealth from it.” (1)

They differed over whether he is required to repay it. Some held that he must repay it once he becomes well-off. This is what is meant by His saying, “Then let him consume what is reasonable.” What is reasonable, they said, is a loan: that is, if he needs it, he may borrow from the orphan’s property, and when he becomes well-off, he must repay it. This was the view of Mujahid and Said ibn Jubayr. Umar ibn al-Khattab (may Allah be pleased with him) said, “With regard to the wealth of Allah Most High, I have placed myself in the position of one dealing with an orphan’s property: if I am self-sufficient, I abstain; if I am needy, I consume what is reasonable; and when I become well-off, I repay it.” (2)

Al-Shabi said, “He may not consume from it unless he is compelled by necessity, just as one is compelled by necessity to eat carrion.”

Others said that he is not required to repay it.

They then differed concerning the manner of this reasonable consumption. Ata and Ikrimah said: He may eat only sparingly, taking with the tips of his fingers; he must neither be excessive nor clothe himself from it. He may not wear linen or fine garments, but only what satisfies hunger and covers his nakedness.

Al-Hasan and a group of scholars said: He may consume, in a reasonable manner and without repayment, from the fruit of the orphan’s date palms and the milk of his livestock. As for gold and silver, he may not take any of them; if he does take anything from them, he must return it.

Al-Kalbi said: What is reasonable is to ride the animal and make use of the servant’s services; he has no right to consume anything from the orphan’s property.

Abu al-Hasan al-Sarakhsi informed us; Zahir ibn Ahmad informed us; Abu Ishaq al-Hashimi informed us; Abu Musab informed us from Malik, from Yahya ibn Said, who said: I heard al-Qasim ibn Muhammad say: A man came to Ibn Abbas (may Allah be pleased with them both) and said, “I am responsible for an orphan who owns camels. May I drink from the milk of his camels?” He replied, “If you search for his lost camels, treat their mangy ones, repair their watering trough, and give them water on their appointed day of watering, then drink—but do not harm their offspring or milk them dry.” (3)