Mourning / New Clothes
Question
New suit and hat for a mourner. This year tragedy struck my family, r"l, and I am currently in the 12 months of mourning for my late Mother a"h. My question is in regards to wearing a new synthetic suit, not from wool, and I do not like to give it first to someone else to wear it, because it is repulsive to me to wear anything - clothes or shoes - that was worn by someone else previously. The sefer "Pnei Boruch" (chapter 18) brings from the Kerem Shlomo in footnote 18 (page 191) that it is possible to place clothes on the floor in order to permit wearing them. So could I rely on this opinion and place the new suit on a clean plastic bag on the floor, and even step on it with my feet (not shoes), and this will permit me to wear it? Secondly, what about a new hat, is this in the same category as a new suit? Obviously, putting it on the floor is not the same as an article of clothing. As mentioned, I really don't won't to let someone else wear it first, so what other option is there?
Answer
Shalom!
Thank you for your question!
As you correctly note, one who is in mourning for his father or mother is forbidden to purchase and wear new clothes for the entire 12 months of mourning. The law is the same no matter what the garment is made from.
You also correctly note that even in an emergency, certain measures must be taken in order to permit wearing new clothes. We do not subscribe to what you read in the Pnei Baruch. It is our view that a new hat must be worn by someone else for at least three prayers (i.e. one day of Shacharit, Mincha, and Ma’ariv), a jacket must be worn by someone for at least two days, and trousers must be worn by someone for at least a few hours. However garments worn close to the skin may be worn without someone else first wearing them. In our opinion, there is no other way to permit a mourner to wear these new clothes.
I totally understand your discomfort with someone else wearing your new clothes. Indeed, for this reason one should never wear another person’s tallit or tefillin without explicit permission. Keep in mind, however, that new clothes are often tried on in the stores by multiple people before a customer eventually purchases them! They are rarely completely new and unworn. So too, you can ask the fellow who will be wearing your clothes for you to ensure that he is extra clean at the time and not to engage in any activities that might cause sweating.
I will note that this article follows Ashkenazi custom. There may be some differences in Sefardic custom deepnding if the clothing is white or colored.
May God comfort you among the mourners of Jerusalem.
Source
For more on this see YD 389 and commentaries.