What is the authority's role regarding a staker who leaves land uncultivated?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
If the period of inactivity is prolonged, the ruler (Sultan) must instruct the staker either to cultivate the land or abandon it so others may cultivate it, as this restriction on common land is disallowed, analogous to obstructing a narrow path or a public watering place.
Supporting text
If the staker requests a delay due to a valid excuse, a month or two, or similar, may be granted. If cultivation occurs during this grace period, the aforementioned two legal opinions regarding ownership apply. If the grace period ends without cultivation, others may cultivate and gain ownership, regardless of whether the ruler explicitly permitted the abandonment or not, as the period serves to extinguish the staker's right.