Is it permissible to use a person’s clothing after he passes away, or must it be destroyed? And is there any difference in this regard between the clothing he was wearing at the time of death and the garments in his closet?
Many people are under the misconception that all of a person’s clothes must be destroyed after his death. Rav Shemuel Pinhasi, however, in his work Haim Va’hesed (listen to audio recording for precise citation), writes that this is a mistake, and destroying the clothing violates the prohibition of Bal Tash’hit (unnecessary destruction). He writes that all the deceased’s garments, including his shoes, are entirely permissible for use, and may be taken and used by the inheritors or given away to people in need. The only exception to this rule relates to a comment of the Sefer Hasidim (by Rabbenu Yeuda Ha’hasid of Regensburg, Germany, 12th century) that the shoes worn by the deceased at the time of death should not be used. Rav Pinhasi writes that those who wish to follow this warning of the Sefer Hasidim and discard the shoes worn by the deceased at the time of death may do so. Regarding everything else, however, there is no reason to discard it and therefore doing so would violate the prohibition of Bal Tash’hit.
There is a dispute among the Halachic authorities as to whether the hair taken from a deceased person is permissible for use, such as for making a toupee or wig. The ruling of the Shulhan Aruch is that the hair is forbidden for use, and thus one may not use a wig made from hair taken from somebody after his or her death. Rav Pinhasi adds that one should not use such a wig regardless of whether the hair was taken from a Jew or a non-Jew. He writes that in principle, there would be room to permit hair taken from a deceased gentile on the basis of a Sefek Sefeka ("double uncertainty"). Namely, there is one debate among the authorities as to whether the hair of a deceased person is permissible for use, and there is also a debate as to whether this prohibition applies to the remains of non-Jews. Nevertheless, Rav Pinhasi concludes, one should be stringent in this regard and not make use of wigs made from hair taken from any deceased person.
The Hida (Rav Haim Yosef David Azulai, 1724-1806), in his Birkeh Yosef, rules that if a person wore dentures at the time of his passing, the dentures must be buried with him in the grave. This ruling, however, applies only to permanent dentures, that are never or seldom removed. Today, people commonly use dentures that are removed each night, and these are not considered part of the deceased and thus do not require burial.
Summary: The clothing and shoes of a deceased person – both those which he was wearing at the time of death and the rest – are entirely permissible for use, and should not be unnecessarily discarded, though some have the custom not to use the shoes worn at the time of death. A deceased person’s hair taken after death is forbidden for use, and thus one should not wear wigs or toupees made from hair taken after death, regardless of whether it was taken from a Jew or non-Jew. If a person was wearing permanent dentures at the time of his passing, they should be buried with him.
