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What is the ruling criterion for eating with fairness from the wealth of an orphan, a minor, or a spendthrift, [when providing for] a poor person?

1 min readAlso available in العربية

Scholars have differed regarding eating from the orphan's wealth in a reasonable manner. It is agreed upon that a wealthy guardian is not permitted to eat from it. As for a poor guardian, Abu Hanifa's view is that he should not eat from it under any circumstances. However, Al-Shafi'i and Ahmad said it is permissible to eat the lesser of two amounts: either the wage for his work or what suffices him. There are two narrations regarding whether he should repay the عوض (compensation). Malik, on the other hand, stated that a poor person may eat in a reasonable manner, commensurate with his care (for the orphan's wealth) and the wage for work similar to his. The most preponderant view is that of the Shafi'is and Hanbalis, which states that a poor guardian is entitled to the lesser of what suffices him or the wage for his work.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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