Question:
Is an ovel allowed to wear a second hand item that is new for him?
Introduction:
The Remo (Yoreh De’ah Siman 389 se’if 3) writes that the minhag is not to make new clothes for the duration of the twelve month period following the demise of a parent. Generally speaking, the issurim and minhogei aveilus that apply during the month (shloshim) following the demise of a close relative other than a parent parallel those applicable during the twelve month period following the demise of a parent, and this minhag should therefore presumably apply during the shloshim of all relatives.
It is clear from contemporary Poskim (Kitzur Shulchan Aruch Siman 211 se’if 10; see also Divrei Sofrim Aveilus Siman 389 s.k. 44 quoting the Chochmas Shlomo; Badei Hashulchan Siman 389 s.k. 59) that the restriction of the Remo applies to wearing new clothes specifically, whereas making new clothes during the twelve month period is in fact permitted [if one will only wear the clothes after the aveilus]. Similarly, the Divrei Sofrim (Kitzur Divrei Sofrim Aveilus perek 37 se’if 42) and Badei Hashulchan (ibid) rules that there is no prohibition for an ovel to purchase new items of clothing if they will only be worn after the culmination of aveilus.
Although we have established that new clothes should not be worn during the aveilus period (i.e. during the 12 months following the demise of a parent; and thirty days following the demise of other close relatives) there are two significant leniencies that should be mentioned:
• The Aruch Hashulchan (Siman 289 se’if 11) maintains that the minhag of an ovel refraining from [wearing] new clothes specifically applies to respectable clothes, for example a suit. Basic items of clothing (the example of the Aruch Hashulchan is trousers) may be worn. The Aruch Hashulchan also adds that weekday clothes, when there is a need to wear them [i.e. the current clothes that one has are worn out or unsightly] can also be worn, because weekday clothes by definition are not considered “respectable clothes”. [It is interesting to note that regarding basic items of clothing the Aruch Hashulchan makes no condition of necessity; whereas regarding respectable weekday clothes there needs to be a situation of necessity to permit wearing them.]
The Divrei Sofrim (Rav Nochum Yavrov, Kitzur Divrei Sofrim Aveilus perek 37 se’if 46) extrapolates from the Aruch Hashulchan that new underwear and shoes may also be purchased and worn. The Pnei Boruch (perek 18 se’if 11) similarly quotes lenient opinions (Rav Shlomo Zalman Aurbach) regarding wearing new items of underwear.
• The Be’er Hagolah (at the end of Yoreh De’ah Siman 389) quotes the Kol Bo who posits that if another individual wore the new clothes for two or three days, it is now permissible for the ovel to wear the clothes [since they are not considered new anymore].
[Although we find regarding the prohibition of wearing laundered clothes that if the clothes were worn for a short period of time (e.g. an hour) they are no longer labelled “laundered” and may therefore be worn during shloshim and/or during the nine days; clearly it is easier and faster to remove the status of “freshly laundered” than it is to remove the status of “new”.]
The Be’er Hagolah himself adds that this permissibility can only be relied upon if one needs the clothes [but not if one does not actually need the new item of clothing].
Discussion:
Regarding wearing a second hand item of clothing that has previously been worn, but is new for the current owner, Rav Moshe Feinstein in Igros Moshe (Yoreh De’ah vol. 4, siman 61.18) at first takes a lenient view (because we only find mention of a new item, and this is no longer a new item) even if the item of clothing has undergone alterations for the current owner.
Rav Moshe then deliberates about a situation where the purchase causes the purchaser to feel pleasure from the new item of clothing he purchased and suggests that this may in fact be prohibited (to wear, although there is no prohibition to purchase the item).
Conclusion:
An ovel may not wear new clothes during the aveilus period (i.e. during the 12 months following the demise of a parent; and thirty days following the demise of other close relatives). If the item of clothing is second hand, there may well be room for leniency and a sheiloh should be asked. |