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Sheltering in shade while you tied Ihram for Umrah

Question 385: Aslammuelakum, shaikh (Allah bless you Ameen) I have a question regarding Umrah, If Someone is traveling to Makkah for doing Umrah, If it is Day time, So is it necessary to travel on a roofless conveyance( car or bus). There should not be any shade on the car or bus while traveling in day time? What is the ruling on Sheltering in shade? Jazakllah khayr.

Answer 385: One of the certain things that is forbidden during the period a person has tied Ihram is as follows:

Men (are not allowed) to keep their head under shade, but not women. It is permissible for women to put their head under shade in whatever way. The same is also permissible for children. There is no difference in the shade whether the person is in a litter (Mahmil) giving shade, or is riding a vehicle, a train, a plane, a ship or the like with a roof giving the shade.

It is more cautious not to receive shade from what is not above his head as walking beside a litter or sitting near the wall of a ship or utilize their shade, though the rule of its permissibility is not devoid of force.

Prohibition of seeking shelter is exclusively meant for while one is walking or is on a journey, regardless whether he is riding or not. But, if he has alighted somewhere like Mina, ‘Arafat, etc, it would be permissible to go under a shade of a roof or a tent, or take an umbrella while walking. So, for a person who is in Mina, it is permissible to go to the Madhbah (slaughtering place) or the place for throwing pebbles (on the three Satans), though it is cautious to give it up.

It is contrary to caution for a person having tied Ihram to travel in a litter etc having a roof while on a journey during night, though the rule for its permissibility is not devoid of force, so it is permissible for a person having tied Ihram to travel by a plane flying during night.

If a person, while walking, needs shade against cold, heat, rain or the like, it shall be permissible, but he shall be liable to expiate.

By using movable objects, such as umbrella, the roof of a coach or an aero plane. This is not allowed for a man in a state of ihram, if the shade is above the head. However, it is allowed to remain under the shade of a moving cloud, or if the shade falls only on one side of his body. That is, pedestrians can walk beside a car producing a shade on one side or the like. As a matter of ihtiyat, passengers must avoid shade unless the shade from objects producing it 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. It is allowed for a pilgrim in a state of ihram, whether riding or on foot, to be under such shades. There is no objection to protecting oneself from the sun with one’s bare hands. However, as a matter of ihtiyat, it is better to avoid doing so.

Note:  According to the more cautious opinion, the expiation for seeking shade is sacrificing a sheep, even if it were due to some excuse. According to the stronger opinion, sacrificing a sheep would be sufficient during Ihram for ‘Umrah and a sheep during Ihram for Hajj, even if he has repeated seeking shade during ‘Umrah and Hajj.[1]

[1] . Tahrir al-Wasilah of Imam Khomeini (ra), Vol. 1, chapter Hajj, Pg. 464-467 (Things Forbidden During Ihram & Conditions for Tying Ihram); The Official Website of the Office of Sayyid Sistani (ha), Rules of Hajj (Addendum) » Shading for Men.