Tearing on a Stolen Suit

A yeshiva student whose brother unfortunately passed away was informed of this while he was in the kollel. He hurried and took a hat and suit from the hat and suit room, mistakenly taking a suit that wasn't his, and tore it at the cemetery. Does he need to tear again later, or has he fulfilled the obligation of tearing?

One who tears on a stolen garment has not fulfilled the obligation, but since he tore the shirt according to the law, he has fulfilled the obligation of tearing and does not need to tear again. And since it was his brother who passed away and not his father, he can wear the intact suit after the time of burial and the obligation of tearing.

Shulchan Aruch, Yoreh De'ah, Laws of Tearing, Siman 340, Paragraph 29: "One who tears on a stolen shirt has not fulfilled the obligation of tearing." The poskim wrote that even though one who tears on Shabbat has fulfilled the obligation of tearing, here, since the garment itself is an offense, he has not fulfilled the obligation. In explaining the distinction: the stolen garment came to him through an offense, and therefore through the offense, he has the opportunity to perform the mitzvah, and without the offense, he could not perform the mitzvah. Unlike tearing on Shabbat, even without the offense, he could perform the mitzvah, but chose to perform the mitzvah in a manner of offense, and in this case, he fulfilled the obligation.