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Buying sportswear in the 9 days

Question:

Hi,

  1. I’m travelling overseas this coming Thursday for camp (we’re not gonna have activities till Monday) and I still need to buy some sportswear (bathing suit, sweatpants, sport tzizis) that I didn’t come around to buy before the 9 days. Am I allowed to buy it in the 9 days since it’s not nice clothing, just sports stuff?
  2. And what about exchanging things that I bought before the 9 days for a different size etc.?

 

Answer:

Hello,

  1. You should have taken care of this before the nine days. The fact that it is only sports stuff doesn’t change the halacha. As we should not even be buying underwear during the nine days. In retrospect however, according to some poskim, since right now the situation is such that you will not be able to get these items after the nine days without a significant inconvenience, it would be considered like a davar ha’aved and you would be able to buy the sportswear.
  2. It is permitted to exchange clothing for a store credit or a refund, since that is not receiving anything new. However, if you will be getting a new item in exchange, according to a number of poskim it is like purchasing a new item that was already bought. It is considered as if you paid with the first item to purchase the second one, instead of paying cash. Therefore, it should wait until after the nine days.

Sources:

  1. Kovetz Halachos (Bein Hametzarim chapter 12 -4) R’ SImcha BUnim OChen “The Three Weeks pg. 67. On the other hand see Nitei Gavriel (31-5) who is stringent on this.
  2. R’ S. B. Cohen’s sefer “The Three Weeks” pg. 70 says that it may not be exchanged for another new item, and other poskim. Also see Sharei Teshuva 551 D:H V’hu Hadin. See Kovetz Halachos ibid 12-19, who rules differently.

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