Shading oneself inside a house or a tent is permitted, so it is permitted in the state of riding, just like one who is not in the state of ihram (halal), because whatever is permissible for the one who is not in ihram is permissible for the muhrim, except for that which there is evidence to prohibit. Ahmad used the statement of Ibn 'Umar as an argument. 'Ata' narrated that Ibn 'Umar saw a wooden frame on the litter of 'Umar ibn 'Abd Allah (5) ibn Abi Rabi'ah, which shielded him from the sun (6), so he forbade him from it. From Nafi', from Ibn 'Umar, that he saw a muhrim man on a litter who had raised a garment on a wooden frame, shielding himself with it from the sun, so he said, "Expose yourself to the sun for the sake of the One for whom you have entered into ihram," meaning, appear in the sun. Both reports were collected by al-Athram (7). Because he shielded himself with something intended for comfort, it is similar to if he covered himself. Ahmad adopted this hadith, so he did not dislike shielding oneself with a garment or the like, as that is not intended for permanence, whereas the hawdaj (palanquin) is different. The tent and the house are intended for gathering luggage and protecting it, not for comfort. The apparent meaning of Ahmad's words is that he only disliked that as an act of makruh tanzih (dislike without sin), due to the disagreement regarding it and the statement of Ibn 'Umar, and he did not view it as haram (prohibited) nor as requiring a fidyah (expiation). Al-Athram said: I heard Abu 'Abd Allah being asked about a muhrim shading himself on a mahmil? He said: No. And he mentioned the hadith of Ibn 'Umar: "Expose yourself to the sun for the sake of the One for whom you have entered into ihram." It was said to him: If he does so, does he slaughter a sacrificial animal (dam)? He said: As for the dam, no. It was said: The people of Madinah say: A dam is upon him. He said: Yes, the people of Madinah treat it with severity (8) in this matter. This has also been narrated from Ahmad, and it is the chosen view of al-Khiraqi, because he shielded his head with something that is usually used permanently and constantly, so it is similar to if he covered it with something in direct contact with it. It is also narrated from
=As collected by Abu Dawud, in: 'Chapter: Regarding the muhrim shading himself,' from the Book of Manasik (Rites). Sunan Abi Dawud 1/425, 426. And al-Nasa'i, in: 'Chapter: Riding to the Jamarat...,' from the Book of Manasik. Sunan al-Nasa'i 5/219. And al-Bayhaqi, in: 'Chapter: Throwing the pebbles at Jamrat al-'Aqabah while riding,' from the Book of Hajj. Al-Sunan al-Kubra 5/130. (5) In the original, there is an addition: "ibn 'Abd Allah". It is a repetition. (6) From this point to his saying: "from the sun" which comes later, is missing from [A]. An omission due to an oversight. (7) Both were collected by al-Bayhaqi, in: 'Chapter: Who considers it recommended for the muhrim to expose himself to the sun...,' from the Book of Hajj. Al-Sunan al-Kubra 5/70. (8) In [A], [B], and [M]: "they consider it an error".
