Written Talaq, Cursing and Mahr

Question

Question: Zayd wrote a divorce deed on a five-rupee government stamp paper and sent it to Hinda by post, although Hinda was not willing to take talaq. Cursing Hinda’s person, he gave a major (mughallaza) talaq, and Hinda was left helpless. Is it permissible to curse anyone when he does not deserve it? If it is not permissible, what ruling applies to the one who said it? Can, by writing a divorce deed on government stamp paper and giving it, a Shari‘a compensation take place with regard to the mahr?

Answer

If Zayd wrote and sent a major (mughallaza) talaq and also admits this writing, then according to the Shari‘a the major divorce has taken effect. As for the curse that he wrote in it, it has in no way fallen upon Hinda; rather, if Hinda does not deserve it, that curse has returned and fallen upon Zayd himself.

Source: Fatawa Mahmudiyya

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