The Rituals of Hajj [Electronic resources] نسخه متنی

21. Remaining under Shade by Men

Rule 269:

Sheltering is of two
kinds:

By using an umbrella, the roof of a vehicle, an aeroplane, and the
like. This is forbidden for men, in a state of ihram, if the shade is above
the head. However, it is allowed to be in the shade of a moving cloud.

Evidently (adhhar), there is no objection to the shade covering one
side of the body only. For example, pedestrians walking beside a car producing a
shade on one side.

As a matter of precaution, riders must avoid shade,
unless the shade, produced from both sides, is so short that it does not cover
the head and chest of the pilgrim.

By being under fixed objects like the shade of walls, tunnels,
trees, mountains, etc. Evidently, being under such shade is allowed for a
pilgrim, in a state of ihram, whether riding or on foot. There is no objection
to protecting oneself from the sun with one's bare hands, although it is
advisable to refrain from it, as a matter of precaution.

Rule 270:

By "avoiding cover, or
shading", we mean no protection should be used against the sun and, as a matter
of precaution, the rain. However, there is no objection to protecting oneself
from wind, heat, cold, etc., albeit it is advisable not to embark on it, as a
precautionary measure.

Yet, there is no objection to using a covered bus
during the night, even if it is not raining, as a matter of precaution. That is
even with the knowledge that it may provide protection against wind.

Rule 271:

The prohibition of resorting
to shading, discussed above, is confined to walking and covering a distance.
Once the pilgrim, in a state of ihram, arrives at a place, be it that he uses
for accommodation or not, there is no objection to his moving under shade.This
is treated in the same way as if the pilgrim was en route, in that he can remain
in the shade of a house in which he is resting, or meeting friends, i.e. it is
apparent that he is permitted to be under shade.

The question, though, still
remains as to whether the pilgrim is permitted to be under the shade of a moving
object, once he settled and went about his business. Say, he had arrived in
Makkah and wished to proceed to the Holy Mosque for tawaf and sa'y, or once in
Mina, he wished to proceed to the place of sacrifice or Jamarat. It is very
problematic (mushkilun jiddan) to pass a ruling, permitting it. Accordingly, and
as a matter of precaution, one should avoid doing so.

Rule 272:

There is no objection to
women or children sheltering in the shade, and even men when it is
necessary.

Rule 273:

The kaffarah for being under
shade is a sheep, whether the breach was deliberate or out of necessity. If it
is repeated, a sheep should, as a matter of precaution, be given for each day of
the breach, although it is evident that there is only one penalty for the entire
state of ihram.