Corporate uniform – Lo Silbash

Question

Hi,I work at a big high-tech company where everyone, men and women, has to wear the same shirt with the company logo and unique color. I wanted to ask if there’s any concern of lo silbash, since the women wear that exact same shirt as well.Also, the company just gave us umbrellas with the same logo and color, would that also be an issue?Thanks a lot!

Answer

Thank you for your question.

The Answer:

With regard to umbrellas, there is no issue of lo silbash, even when using one that is distinctly for women, since it is not considered a garment but merely an item to protect from the rain. Likewise, a woman would be allowed to use a black umbrella.

And with regard to the company uniform, it would be permitted for you to wear the shirt.

The answer in depth:

I would like to clarify this halacha first, to understand the source of this prohibition, and then to understand where it applies, as you can see from your question, it doesn’t always apply to all types of items.

The pasuk says:

דברים פרק כב פסוק ה

לֹא יִהְיֶה כְלִי גֶבֶר עַל אִשָּׁה וְלֹא יִלְבַּשׁ גֶּבֶר שִׂמְלַת אִשָּׁה כִּי תוֹעֲבַת ה' אֱלֹהֶיךָ כָּל עֹשֵׂה אֵלֶּה:  

A woman shouldn’t wear men’s clothing, and a man shouldn’t wear women’s garments, for anyone who does so is considered an abomination before Hashem, your G-d.

Rashi explains that the reason for this is that if one were to cross-dress it would break away the barrier between the genders and would lead to immorality.

רש"י דברים פרשת כי תצא פרק כב פסוק ה

(ה) לא יהיה כלי גבר על אשה - שתהא דומה לאיש כדי שתלך בין האנשים, שאין זו אלא לשם ניאוף: 

A woman shall not wear men’s clothing,  meaning, she should not dress in a way that makes her appear like a man, in order to mingle among men, for this is only done for the sake of immorality, the same vice versa that a man shouldn’t wear women's clothing.

If, for example, certain clothing is worn by both men and women, such as gym clothing that is designed for women to work out, then it would be permitted for a woman to wear it, since it is made for women.

Of course, with regard to tzniyus, it would only be permitted if it is a women-only gym, where no men have access to enter, not even as caretakers or security. (Although there are those who are particular about this and wear a skirt over their gym clothes.)

The same would apply to gloves that can be worn by both men and women. However, if the color of the gloves is uniquely for women, such as pink, etc., then it would be forbidden for a man to wear them.

So according to what we explained above, we can now circle back to your question. Since the uniform is not designed for a specific gender and is worn by both men and women, there is therefore no issue of lo silbash. This is based on the Gemara in Masechet Nedarim, Page 49.

תלמוד בבלי מסכת נדרים דף מט עמוד ב

דביתהו דרבי יהודה נפקת, נקטת עמרא עבדה גלימא דהוטבי, כד נפקת לשוקא מיכסיא ביה, וכד נפיק רבי יהודה לצלויי הוה מיכסי ומצלי, וכד מיכסי ביה הוה מברך: ברוך שעטני מעיל. 

The wife of Rabbi Yehudah when she would go out to the marketplace, she would cover herself with it (a woolen cloak). And when Rabbi Yehudah would go out to pray, he would cover himself with it and pray. And when he covered himself with it, he would say: “Blessed is He who has clothed me with a cloak.”

We see from here that a cloak that is worn by both genders is permissible to wear.

And with regard to the company umbrella, besides the reason just mentioned, since it is not an item of clothing but rather something used to protect oneself from the rain, therefore, there is no issue of lo silbash.

Wishing you much success.



Source

Devarim Perek 22 passuk 5

Tractate Nedarim 49b

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