Is it permissible for a person in Ihram to seek shade under a canopy built upon their riding animal (like a *Mahmal*)?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
There is a difference of opinion regarding seeking shade under a structure like the *Mahmal*, *Hawdaj*, *Ammariyyah*, or *Kabisha* mounted on a camel. Some authorities, including Ibn Umar, Malik, Abd al-Rahman ibn Mahdi, and the people of Medina, disliked it. Others, such as Rabi'ah, Al-Thawri, and Al-Shafi'i, permitted it, citing the narration that during the Farewell Pilgrimage, Bilal and Usama shielded the Prophet, peace be upon him, from the heat with a cloth while he rode, and that shade is permissible for a free person while riding, and what is permissible for a non-pilgrim is permissible for a pilgrim unless there is explicit prohibition.
Supporting text
Ahmad based his dislike on the statement of Ibn Umar: 'Expose yourself to the sun for whom you performed Ihram.' He believed using a structure intended for sustained shade constituted seeking luxury, unlike temporarily shielding oneself with a cloth, which he permitted. Ahmad ruled that if someone does this, they do not owe blood ransom (*dam*), although the people of Medina maintain that *dam* is due. Ahmad considered the Medina view mistaken. However, some scholars prefer prohibiting it because the head covering is often sustained and in constant contact, resembling something that directly touches the head.