What happens if a staker leaves land fallow indefinitely without a valid excuse?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the staker leaves the land uncultivated without a legitimate excuse, they are commanded either to cultivate it or relinquish their claim. If they fail to cultivate it after this warning, others may cultivate and claim it. The ruling of 'Umar (may Allah be pleased with him) regarding leaving land fallow for three years and others cultivating it applies if the neglect continues without any official instruction to stop.

Supporting text

The Madhhab of Al-Shafi'i concerning all these matters aligns with what has been stated.