Tearing a Suit in Mourning
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Question
Is there an obligation to tear the suit when a brother passes away, or is it sufficient to tear the shirt?
Answer
In mourning, whether for a father and mother or for other relatives, one tears the suit and the shirt. (If one is concerned about the suit, they may choose not to wear it, and for other relatives, there is no need to tear it later, but for a father and mother, if one wears the suit afterward, they are obligated to tear it)
Source
The Gemara in Moed Katan, page 22b: "For all the deceased, even if wearing ten garments, one only tears the upper one. For a father and mother, one tears all, and the upper garment does not prevent."
The early commentators differ on what the upper garment is. Rashi's view is that it is like a hat, and therefore it is not considered a garment for tearing, while the Aruch disagrees and holds that it is an upper garment meant only for modesty. Rambam writes that it is a sweat garment close to the body. The Hagahot Maimoniot, in the name of the Maharam, writes about the upper garment made for honor, distinguishing between tearing for a father and mother and tearing for other relatives.
The Shulchan Aruch, Yoreh De'ah, Laws of Tearing, Siman 340, paragraph 10, states: "The upper garment does not need to be torn. Some explain that it is the sweat garment close to the body, and others explain that it is the upper garment called a cape; and the custom is not to tear the cape for any deceased, even for a father and mother, but to tear for a father and mother also the shirt called a camisole." The Rema writes: "In these countries, it is not customary to do so, but they do not tear the linen shirt, which is the sweat garment, nor the upper garment; but other garments are torn for a father and mother; and for other deceased, the upper garment under the outer garment."
The Shach in Siman 340, Subparagraph 20, writes: "In the Teshuvot Masat Binyamin, Siman 80, it is written that it is what is called a mantle, but the rak is required to be torn both for a father and mother and for other deceased." It seems that the Shach ruled according to the opinion of the Teshuvot Masat Binyamin, and in the Taz there, Subparagraph 5, he explained the words of the Teshuvot Masat Binyamin that a mantle is a garment that surrounds the person around the neck and descends downward, which some elders in Krakow wear for modesty in the synagogue, and it is a very honorable garment, and it does not need to be torn, but the rak, which is like a modern suit, needs to be torn, and the Taz disagreed with the opinion of the Rema and held that the rak (suit) does not need to be torn.
However, according to the Shulchan Aruch, certainly, there is no need to tear the upper garment made for honor, and therefore Sephardim do not tear the suit. Ashkenazim, however, are concerned with the opinion of the Rema and the Shach and tear the suit.
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