Is a non-father guardian obligated to compensate the orphan's estate if he becomes wealthy after having consumed from it while poor?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
There are two transmitted narrations regarding this obligation for a non-father guardian who consumes while poor and subsequently becomes wealthy. The stronger opinion is that he is not obligated to compensate. The justification is that if the obligation arose upon becoming wealthy, it should have been a debt upon him before the wealth arrived, as subsequent wealth is not the cause of the obligation itself. Since the initial act of consumption was not established as an obligation based on the prior circumstances, no obligation arises afterwards. This differs from a person compelled by necessity (mudtar) to eat another's food, as the compensation is established upon that person's liability from the moment of consumption.
Supporting text
One narration states that compensation is not required. This view is held by Al-Hasan, Al-Nakha'i, and one opinion of Al-Shafi'i. They argue that since God commanded the consumption without mentioning compensation, it resembles other things permitted for consumption, and since it was compensation for his labor, a substitute is not required, similar to a hired laborer or a managing partner (mudharib). The opposing view, held by 'Ubaydah Al-Sulmani, 'Ata', Mujahid, Sa'id ibn Jubayr, and Abu Al-'Aliyah, states that compensation is required because he consumed the property of another based on need, necessitating repayment, akin to one forced by necessity.