A Mourning Woman Whose Husband Insists She Does Not Tear Her Garment
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Question
Can a woman be exempted from tearing her garment if her husband prevents her from doing so?
Answer
Certainly, the husband cannot prevent this, as the clothes belong to her and the husband cannot sell them. Therefore, since they are entirely hers, she is obligated to tear them, and after she has torn them (if she does not have clothes according to his wealth and the custom of the place), the husband is obligated to buy her new clothes. He must buy her clothes suitable for wearing according to his wealth and the custom of the place.
Source
In Shulchan Aruch, Choshen Mishpat, Siman 90, paragraphs 14 and 15, it is explained that he cannot sell his wife's clothes, whether they are weekday clothes or clothes for Shabbat and Yom Tov, according to Shulchan Aruch, initially, and even post facto, if he sold them, his sale is not valid, as explained in Choshen Mishpat, Siman 97, paragraph 26.
It should be noted that in the Talmud, Moed Katan 24, it is explained that a mourner who does not let his hair grow and does not tear his clothes is liable to death, as it is said: "Do not let your heads grow unkempt and do not tear your clothes, lest you die," and one who does not let his hair grow and does not tear his clothes is liable to death. The Rosh (PG Moed Katan, Siman 3) brings the words of the Raavad, who explains the words of the Talmud literally and holds that the mitzvah of tearing is from the Torah, and one who cancels it is liable to death by the hands of heaven, but the Maharam disagrees with him, considering it merely an asmachta, and explains that he is liable to death by rabbinic decree.