Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: According to the well-known method, he may eat, but regarding this, the scholars have differed. The statements are as follows:
➊ He may take from the orphan’s wealth according to his work and performance. This is the view of Aisha (radi Allahu anha), Hasan al-Basri, Ikrimah, and one narration from Ibn Abbas (radi Allahu anhu).
➋ He may eat from the orphan’s wealth in case of need, that is, he may take according to necessity. This is the view of Hasan al-Basri, Ibrahim, Ata, and Mak’hul. The correct view is that he may take according to necessity if he is in need; if he is not in need, then he may not take.
➌ He may not take from the orphan’s wealth as a wage or for maintenance; however, he may take it as a loan and, upon becoming well-off, he will repay the loan. This is the view of Umar (radi Allahu anhu), Ubaydah al-Salmani, Sa’id ibn Jubayr, Mujahid, and others.
➍ If the wealth is gold, silver, i.e., cash, then he may only take it as a loan; if it is grain, then he may take according to need. This is the most authentic view of Shu’bi, Abu’l-‘Aliyah, and Ibn Abbas (radi Allahu anhu).
➎ Of wage/labor and maintenance, whichever is less in expenditure, he may take that. This is the view of Imam Shafi’i (for details, see Ahkam al-Qur’an by al-Jassas and Fath al-Bari).
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 7533