Blessing of Dayan Ha'emet without Tearing Clothes.
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Question
A person whose clothes are borrowed or transferred to another at the time of the obligation to tear for a brother, so they are not his, is he required to tear, and if not, can he recite the blessing of Dayan Ha'emet?
Answer
A person whose clothes are genuinely borrowed (when he did not specify at the time of borrowing that he is going to accompany his relative) is exempt from the obligation to tear, but is required to recite the blessing of Dayan Ha'emet even if he does not tear. However, a person who transfers his clothes to another at the time of the obligation to tear is required to tear. One should not transfer his clothes to another.
Source
It is stated in Moed Katan 26: and thus ruled the Shulchan Aruch, Yoreh De'ah, Siman 340, Se'if Katan 34: "One who says to his friend: lend me your shirt so I can visit my sick father, and went and found that he died, tears it, sews it, and returns the shirt to him and pays him the value of the tear. If he did not inform him, he should not touch it." Therefore, one whose clothes are genuinely borrowed, and he did not say he is going to visit the sick, is exempt from tearing, and if he tore, it does not count, since he is borrowing without permission and is a thief, and tearing a stolen garment does not fulfill the obligation. But he is required to recite the blessing, and although the custom is to bless at the time of tearing, they are two separate obligations, and even if he does not tear, he is required to bless. And one who transfers his clothes to another, if the one to whom he transferred knows he wants to go to the cemetery, it is considered as if he asked to borrow to visit the sick who is near death, and he is required to tear, and furthermore, he does not truly intend to transfer to him but only to exempt himself. If he does not know that he transferred to him, it is again forbidden to use the garment, and it is considered as if he is borrowing without permission and is a thief, and the tearing does not count. He is required afterward to tear again, for other relatives seven days, and for his father and mother always.
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