יורה דעה שפ״טYoreh De'ah 389

Se’if 1א׳

אָבֵל אָסוּר לְכַבֵּס כְּסוּתוֹ כָּל שִׁבְעָה יָמִים, אֲפִלוּ בְּמַיִם לְבַד; וּלְאַחַר שִׁבְעָה, מֻתָּר. וּכְשֵׁם שֶׁאָסוּר לְכַבֵּס, כָּךְ אָסוּר לִלְבֹּשׁ הַמְכֻבָּסִים קֹדֶם לָכֵן. וְאַחַר ז' שָׁרֵי, וְהָעוֹלָם נָהֲגוּ בּוֹ אִסּוּר (כְּדַעַת ריב"א וְסִיעָתוֹ). וְנוֹהֲגִין שֶׁאָדָם אַחֵר לוֹבְשָׁם תְּחִלָּה, וְאַחַר כָּךְ לוֹבְשָׁם הָאָבֵל, וְהַמִּנְהָג עִקָּר (טוּר בְּשֵׁם סמ"ק וכ"כ הַמָּרְדְּכַי ה"א וְכָל בּוֹ). וְכֵן נוֹהֲגִין בִּמְדִינוֹת אֵלּוּ לְאַחַר שִׁבְעָה; וְאִם לְבָשׁוֹ אָדָם אַחֵר רַק שָׁעָה אַחַת דַּי בְּכָךְ (כָּל בּוֹ וסמ"ק). וְאֵין צָרִיךְ לוֹמַר שֶׁאָסוּר לִלְבֹּשׁ חֲדָשִׁים. וְגַם הַסְדִינִים וְהַמַּצָּעוֹת שֶׁל מִטָּה אָסוּר לְכַבְּסָן וּלְהַצִּיעַ הַמְכֻבָּסִין. וְכֵן מִטְפְּחוֹת הַיָּדַיִם, אַף עַל פִּי שֶׁמֻּתָּר לְכַבְּסָן בַּמּוֹעֵד; וְכֵן כָּל אוֹתָן שֶׁשָּׁנִינוּ שֶׁמֻּתָּר לְכַבְּסָן בַּמּוֹעֵד, כְּגוֹן הַיּוֹצֵא מִבֵּית הַשִּׁבְיָה וּמִבֵּית הָאֲסוּרִים, וְהַמְּנֻדֶּה שֶׁהִתִּירוּ לוֹ חֲכָמִים, וְהַנִּשְׁאָל לְחָכָם וְהֻתַּר, וְהַבָּא מִמְּדִינַת הַיָּם שֶׁהָלַךְ לְהַרְוִיחַ וְלֹא הָיָה לוֹ פְּנַאי לְגַלֵחַ, אֲסוּרִים בִּימֵי אֶבְלוֹ, שֶׁאִם אֵרְעוֹ אֶחָד מֵהֶם, קֹדֶם הָאֲבֵלוּת וְנִכְנַס מִיָּד לְתוֹךְ הָאֲבֵלוּת, אָסוּר לְכַבֵּס אֶלָא אִם כֵּן אֵרְעוֹ אֶחָד מֵהֶם וּתְכָפוּהוּ מִיָּד שְׁנֵי אֲבֵלוּת זֶה אַחַר זֶה, אָז מֻתָּר לְכַבֵּס אַף בְּנֶתֶר וְחוֹל וַאֲפִלוּ תּוֹךְ שִׁבְעָה, וּבִלְבַד שֶׁיַּעֲשֶׂנּוּ בְּצִנְעָא בְּתוֹךְ בֵּיתוֹ. וְאַחַר שֶׁתְּכָפוּהוּ אֲבֵלָיו זֶה אַחַר זֶה, מְכַבֵּס בְּמַיִם אֲבָל לֹא בְּנֶתֶר וְאָהָל.

A mourner is forbidden to wash his garment during the entire seven days [of mourning],1In Talmudic days there were two kinds of washing: a) כיבוס i.e., plain washing, and b) גיהוץ i.e., laundry work. In Ket. 10b it is stated that ‘our (i.e., Babylonian) laundry work is like their (i.e., Ereẓ Israel) washing.’ In the Land of Israel the plain washing was superior to the Babylonian, because they had either better water or better ingredients for washing. In order to procure satisfactory results, they would have to do fine laundry work in Babylonia, and that would include smoothing the cloth or garment with a stone, or according to Rashi (ibid.) with a gloss-stone. S. Krauss T.A. I, 156, 581 and cf. Ta‘an. 29b. There are two main views held among the authorities regarding these terms. 1) During the seven days of mourning every type of washing is forbidden for two reasons — a) It entails work. Hence, not only the mourner is forbidden to wash his clothes, but others are also forbidden to do this for him (v. supra § 380); b) There is a prohibition against wearing even garments that were washed prior to the time that mourning sets in. This is derived from, ‘And Joab sent to Tekoa and fetched thence a wise woman and said unto her: I pray thee, feign thyself to be a mourner and put on mourning apparel, I pray thee, and annoint not thyself with oil but be as a woman that had a long time mourned for the dead’ (II Sam. XIV, 2) — M.K. 15a. With respect to the thirty days of mourning, no prohibition against washing (כיבוס) is found in the Talmud; only the prohibition against laundry work (גיהוץ) applies then. During the entire thirty days the mourner is forbidden to wear laundried garments (M.K. 23a), and R. Eleazar b. R. Simeon forbade only new white linen clothes, and Raba (ibid.) rules in accord with the latter. also ibid. 27b; Yeb. 43a and Rashi a.l.; Yad, Ebel V, 1, 3; VI, 4. This represents the view of Rashi, Maim. and Alfasi. 2) Even washing (כיבוס) is forbidden for thirty days. This is derived from Sem(H). VII, 4, where it is stated, ‘One who did not wash garments on the eve of a Festival should not wash for thirty days.’ The Talmudic texts (cited supra 1) are explained as follows: Yeb. ibid. is interpreted according to this viewpoint as referring only to those persons enumerated in Mishna, M.K. III, 2. Regarding M.K. 27b, the text should be emended to read, ‘thirty days for washing (כיבוס), and as to M.K. 15a, it should be understood as referring to washing in water only, which is permitted during the thirty days save the seven days of mourning. However, washing with natron and lye is forbidden (M.K. 23a, Tosaf. s.v. כל). — This is the viewpoint held by RIBA. Caro accepts the first viewpoint which represents the majority of the authorities. even [if washed] in water alone.2M.K. 17b, derived by R. Ḥisda from the Baraitha concerning one who suffered one bereavement immediately after another. also Ta‘an. 13a. However, after the seven [days of mourning], it is permissible.3e., all types of washing. Just as he is forbidden to wash [garments], so also is he forbidden to put on [garments] that were washed prior to this.4e., prior to the mourning period (v. supra n. 1). T.H. contra Rashi. Cf. M.K. 24b, Tosaf. s.v. ברכת. also O.Ḥ. § 551, 3. And after the seven [days of mourning] it is permissible, but people treat this as forbidden.5Thus opinion of RIBA and his followers — G. Cf. supra n. However, it is customary that another person puts them on first, after which the mourner may wear them; and [this] custom is fundamental,6Tur on the authority of SeMaK; Mord., Laws of Mourning and Kol Bo — G. By ‘this custom is fundamental’ is meant that we should not think that this custom has no basis. On the contrary, is has a legal basis (v. supra n. 1) in accordance with the viewpoint of RIBA. However, as far as the law is concerned, we accept the view of the majority of the authorities. Thus also B.Yos. — A.H. and this is the common practice in these countries after the seven [days of mourning]. If another person puts it [the garment] on even for an hour, it is sufficient.7Kol Bo and SeMaK — G. Nowadays we do not practice the custom of giving another person the garments to put on first, for we adopt a lenient view with respect to an undergarment or shirt, since they are not worn for the sake of pleasure. One may therefore, change his undershirt on account of perspiration and RIBA may be referring to other garments usually worn on the Sabbath. During the seven days of mourning, one may put on a clean undershirt, if necessary, on account of perspiration or in a case where one suffers from a skin disease. It is only in the case of a garment that is worn for the sake of pleasure that the prohibition applies on the same principle as in the case of bathing (v. supra § 381 and notes) — A.H. Needless to say that it is forbidden to put on new garments. It is also forbidden to wash the sheets and bed-covers,8During the seven days of mourning. or to spread out those already washed. And so too, hand-towels, although it is permissible to wash them during [Hol-] ha-Moed,9 Glos. On the Sabbath one is permitted to change the tablecloth (TaZ) and the hand-towels, but during the week it is forbidden — A.H. and likewise, [the garments of] all those [persons] of whom we learnt10Mishna, M.K. III, 2. that they may wash [their garments] during [Hol-] ha-Moed,9 Glos. On the Sabbath one is permitted to change the tablecloth (TaZ) and the hand-towels, but during the week it is forbidden — A.H. e.g., one coming out of captivity or prison, or one under a ban and was released by the Sages, or one who applied to a Sage and was released [from a vow],11Not to wash garments. or one arriving from beyond the sea12From abroad. [for the purpose of conducting business] in order to make profit and had no opportunity to cut his hair,13And likewise to wash his garments — ShaK. — are forbidden [to be washed] during one's mourning,14During Ḥol ha-Moed this would be permissible on account of the honour due to the Festival — A.H. — for if one of these [aforementioned] things happened to him [the mourner] prior to the [period of his] mourning, and he [thus] entered forthwith into the [period of] mourning, — [the law is that] he is forbidden to wash [his garments], unless one of these [aforementioned] things happened to him, following which he suffered one bereavement immediately after another, [in which case only] is he permitted to wash [his garments], even in natron and lye, and even during the seven [days of mourning], provided he does it in privacy in his home; and after [the period wherein] he suffered one bereavement immediately after another [is over], he is permitted to wash [his garments] in water, but not in natron, or in the [ingredients of the] alcalic plant.

Se’if 2ב׳

מֻתָּר לְכַבֵּס בִּגְדֵי קְטַנִּים שֶׁמֵּת אֲבִיהֶם.

It is permissible to wash the garments of minor children whose father15Or mother. died.16Hilkoth Sem. of R. Meir of Rothenberg s. 24. Cf. supra § 384, 5. Children’s clothes must be changed frequently. The washing may be done in the house of mourning, for everyone knows that the clothes belong to the children — A.H.

Se’if 3ג׳

אָסוּר לִלְבֹּשׁ תּוֹךְ שִׁבְעָה כֵּלִים חֲדָשִׁים צְבוּעִים וִישָׁנִים יוֹצְאִים מִתַּחַת הַמַּכְבֵּשׁ. (פי' כְּלִי לַעֲצֹר בּוֹ הַבְּגָדִים). הַגָּה: יֵשׁ אוֹמְרִים דְּאָסוּר לִלְבֹּשׁ בִּגְדֵי שַׁבָּת תּוֹךְ ד' שָׁבוּעוֹת הָרִאשׁוֹנִים, אֲבָל אַחַר כָּךְ מֻתָּר אֲפִלּוּ עַל אָבִיו וְאִמּוֹ, וְכֵן לַעֲשׂוֹת בְּגָדִים חֲדָשִׁים (כָּל בּוֹ בְּשֵׁם מוֹהֲרַ"ם), אָבֵל נָהֲגוּ אִסּוּר כָּל י"ב חֹדֶשׁ.

It is forbidden to wear during the seven [days of mourning] new dyed garments or old clothes coming out of the press,17Tur on the authority of T.H., derived from M.K. 23a: ‘Our Rabbis taught: (Throughout the entire) thirty days (the mourner) is prohibited against wearing pressed garments. It matters not whether they be old or new garments coming out of the press. Rabbi says, They only forbade new garments. R. Eleazar b. R. Simeon says, They only forbade new white linen garments.’ Since in matters of mourning we follow the lenient view, consequently, we adopt the lenient view of R. Eleazar b. R. Simeon. This view, however, applies only during the thirty days, whence it follows that during the seven days of mourning it is forbidden. i.e., an instrument for pressing clothes. Gloss: Some say that it is forbidden to wear Sabbath garments during the first four weeks [of mourning], but subsequent to that it is permissible, even [for one who is in mourning] for his father or mother.18Birke Yos. (infra § 400) rules that on the Sabbath one is permitted to wear Sabbath garments, for otherwise this will be regarded as public mourning which is prohibited on the Sabbath. A woman during her mourning rites, whose first-born son has to be redeemed (פדיון הבן) is permitted to wear her festive garments — P.Tesh. So too, [is it permissible] to make new garments [after the first week of mourning].19Kol Bo on the authority of R. Meir of Rothenberg. — G. However, the common practice is to treat this [matter] as forbidden for the entire twelve months.