Ali ibn Jafar asked his brother Imam Musa ibn Ja’far عليه السلام, peace be upon them both, about ‘an orchard whose produce is not sold, though if it were sold, its produce would amount to wealth. Is charity obligatory in it?’ Imam عليه السلام said: “No, if it is eaten.”
Ali Akbar al-Ghaffari
Tahdhīb al-Aḥkām fī Sharḥ al-Muqniʿah, vol. 4, p. 25