Kievman SZMERLING Gett
Clarifying false claims regarding the Gett process between Chaya Mushka Kievman and Zalman Szmerling. This webpage has been published by concerned community members who have no direct connection with either family, or with the Melbourne Beis Din.
Why is this information being published?
Zalman and Chaya Mushka separated 2 months ago after a brief marriage of 1.5 years. Since that time, the process of writing and delivering a Gett has been in progress, and the Kisvu U'snu was provided to the Beis Din yesterday (May 6th, 2025/8th Iyar 5785).
Unfortunately, in the interim, a number of hurtful and damaging false claims have been circulated regarding the husband and his family. These claims have been amplified by a Social Media influencer who has wrongly accused Zalman of being a Gett Refuser based on false information.
The information below has been published to clarify these false claims and present to truth.
Claim
Zalman Szmerling has refused to give a Gett to Chaya Mushka
Facts
Zalman has never refused to give Chaya Mushka a Gett. Zalman has at all times cooperated with the Melbourne Beis Din and fully complied with all their requirements and directives. Zalman has already completed the Kisvu U'snu with the Beis Din, who will provide the Gett to Chaya Mushka on 2 Sivan.
Claim
Chaya Mushka was pressured to attend marriage counselling against her will as a method of control
Facts
The Melbourne Beis Din strongly recommends that separated couples undertake at least one counselling session before proceeding with a divorce, if they have not done so already. At the time of separation, a number of senior community Rabbis, with no affiliation to the Beis Din or either family, recommended that the couple should attend one session of "separation counselling". This never eventuated. When it became clear that counselling was not possible, all parties mutually agreed to forgo this part of the process.
Claim
A Gett is required within 2 weeks of separation. Not providing a Gett in this timeframe constitutes Gett abuse.
Facts
The Melbourne Beis Din has an established process for arranging Gittin. While it is theoretically possible to process a Gett within 2 weeks, such a timeframe is rarely, if ever, achieved. In the overwhelming majority of cases, it takes at least 3-6 months, and sometimes far longer. Chaya Mushka's father, Rabbi Avrohom Kievman is a Dayan on this same Beis Din and has been involved in innumerable Gittin, which almost without exception take far longer than this timeframe. It should be noted that civil divorces can only be finalised a minimum of 1 year from separation. Zalman provided the Kisvu U'snu to the Beis Din exactly 2 months from the day of separation. By the time Chaya Mushka receives her Gett, it will be less than 3 months since the separation. This is an extremely short timeline by any reasonable standard.
Claim
Zalman Szmerling was abusive in his marriage with Chaya Mushka
Facts
Both Zalman and Chaya Mushka have special needs, and there were some challenges and stresses in the relationship. As with any failed marriage, mistakes were undoubtedly made on both sides. However, the assertion that Zalman was controlling and abusive is utterly false and defamatory. Anyone who knows Zalman personally would clearly see that he is absolutely incapable of abuse and that this accusation is laughable.
Claim
Zalman's Father, Rabbi Mordechai Szmerling, and his brother, Rabbi Dovid Leib Szmerling have been influencing Zalman to avoid giving a Gett and keep Chaya Mushka an Aguna.
Facts
At no stage has this occurred. Zalman accepted the Beis Din's recommendation for one counselling session. The Kievman family chose not to proceed. At no stage was there any discussion about withholding a Gett. Once it was clear that no reconciliation was possible, the Beis Din was contacted, and the process was initiated without hesitation. Throughout the process, Rabbi Mordachai Szmerling has consistently reiterated that all negotiations should be facilitated by the Beis Din and conducted primarily between Zalman & Chaya Mushka, rather than through the families. The Kievman family did not agree to this.
Rabbi Dovid Leib Szmerling had no involvement whatsoever in any Gett proceedings or negotiations, aside from one occasion in which he intervened in an emotional, public exchange at Yeshiva Centre between Rabbi Kievman and Zalman.
Claim
Zalman was financially controlling and misappropriated Chaya Mushka's life savings
Facts
Zalman brought a modest sum of savings into the marriage and was receiving an income from Kollel and some odd jobs throughout the relationship. Chaya Mushka had no savings prior, and did not work until the final few weeks of the marriage, when she took on 6-8 hours per week of work. The limited means available meant that the couple were both frugal by necessity. To cast this as financial abuse is both inaccurate and manipulative.
Claim
Zalman was involved in a Cryptocurrency scam
Facts
Zalman was, unfortunately, a victim of a text scam, claiming to be for an investment in cryptocurrency, in which he lost most of the savings that he brought into the marriage. This regrettable error was a source of significant friction, and the couple separated on the day that Chaya Mushka learned of this. Zalman accepts his mistake in being duped by this scam and has apologised profusely for his error of judgement.
Claim
The custom not to write Gittin in the Jewish month of Iyar is being used as an excuse to delay giving a Gett
Facts
The Melbourne Beis Din, on which Rabbi Kievman has served as Dayan for over 20 years, has a long-standing policy of not writing Gittin in Iyar due to uncertainty regarding the correct Hebrew spelling of the month. This is a common policy of Orthodox Betei Din across the world based on Shulchan Aruch E"H 126:7 in Rama. Zalman's father, Rabbi Mordechai Szmerling, contacted the Beis Din and offered to pay to have 2 Gittin written, one with each of the spellings, which some batei din accept as a halachic solution. The Beis Din chose not to proceed with this option and asked all parties to wait the extra 3 weeks until the set date. The Beis Din has agreed to make an exception and has allowed Zalman to perform the Kisvu U'Snu with the Beis Din yesterday in preparation for writing and giving the Gett to Chaya Mushka on the previously confirmed date of 2 Sivan as per Beis Din policy.
Claim
Despite this policy, a Gett can still be written in Iyar in the case of emergencies.
Facts
While this is technically true, it applies only to extremely extenuating circumstances. To the best of our knowledge, in the 20 or so years that Rabbi Kievman has acted as a Dayan, the number of Gittin the MBD has written in Iyar is extraordinarily low, if any.
Claim
The Melbourne Beis Din, and Av Beis Din Rabbi Mordechai Gutnick are guilty of collaborating with Gett refusers and exercising coercive control over women in abusive or unhappy marriages.
Facts
Divorce is an extremely delicate, stressful and emotive matter. The MBD is regularly faced with extraordinarily complex interrelationships that require them to deal with incredible diplomacy between parties and their families. Invariably, the complexities involved result in halachic divorces taking some months to complete. Most laypeople are not aware of the countless weeks and months of work that go on behind the scenes to bring a Gett to a conclusion. Av Beis Din Rabbi Mordechai Gutnick has established a reputation for dedicated service as an exemplary Dayan who goes to great lengths to find halachic and human solutions to these life-changing problems. Rabbi Gutnick is renowned as a champion of women's rights, particularly Agunas' rights, and has worked tirelessly for decades to free countless real Agunas from their predicaments. The appalling accusations levelled at Rabbi Gutnick on social media show a callous disregard for the truth, shameful disrespect for a dedicated halachic and community leader, and a singular, narcissistic desire on the part of the influencer to besmirch his reputation to garner attention online.
Claim
Rabbi Eli Gutnick, a community Sofer and son of Rabbi Mordechai Gutnick, Av Beis Din of the MBD, is delaying writing the Gett to force Chaya Mushka to remain in the marriage against her will.
Facts
Rabbi Eli Gutnick is a highly respected sofer in the Melbourne Jewish community. However, as he is the son of the Av Beis Din, he is halachically precluded from any involvement in the functions of the MBD. Rabbi Eli Gutnick does not, nor has he ever, written Gittin for the MBD. He is not involved in any way with this matter, and accusations to the contrary are completely without substance and defamatory. There are two other highly respected sofrim that have written Gittin for the MBD for many years, and one or both of them were involved in writing the Gett in this case.
"As the Registrar of the Beth Din and having dealt with this case from the beginning, I can confidently say that neither Zalman Szmerling, nor Rabbi Szmerling, have acted in any inappropriate manner with regard to the giving of a gett. The loshon hora has been shocking and disgusting and is simply not true"
Rabbi Schneier Lange, Registrar of Melbourne Beth Din
Who is making these claims?
The claims listed above have been made by a social media personality who has established a reputation for helping to free Agunas.
The plight of Agunas is a heartbreaking phenomenon, and we enthusiastically applaud all legitimate efforts made to free genuine Agunas.
This is not one of those cases.
- The individual in question was supplied with false, malicious information, which she has relentlessly amplified on social media platforms with no verification or concern for the people she is damaging in the process. Her methods are highly problematic for numerous reasons:
- - She has no prior connection to or direct knowledge of any of the parties to this case. - She has received only one side of the story and has made no effort to verify the false claims she's been fed. - When contacted directly and respectfully by members of the Szmerling family, she refused to acknowledge any of the information they provided and dismissed every single piece of information, down to the length of the couple's separation, as lies.
- - Concerned community members have reached out to her privately to point out her blatant inaccuracies and falsehoods. One shared stories of her own divorce, during which Rabbi Szmerling vigorously and publicly supported her to the point of putting himself in danger of physical assault. The "influencer" responded to these messages with derision and childish name-calling. Her absolute disregard for the plight of a previous genuine aguna speaks volumes about her motives.
- It is crucial to note that this individual is not altruistic in her activities. She charges her clients a significant fee per post. She has no interest in researching and presenting the truth, as this will limit her parnassah. Conversely, she has every motivation to amplify and sensationalise every scandalous claim as this will maximise her income, increase her notoriety, and grow her brand. While she has undoubtedly helped numerous agunas receive their Gittin, her breathtaking disregard for facts in the pursuit of likes, shares, and comments is a disservice to the Jewish community, presents Torah Judaism in a horrendous light and creates a shameful Chillul Hashem.
Why is this information being made public?
The above information has been compiled by a group of concerned community members who know both the Szmerling and Kievman families well and have no direct connection with the parties or the Melbourne Beis Din.
Every divorce is a tragedy and can cause immense pain and emotional anguish to all involved. We have been deeply shocked and troubled by the vicious, misleading and outright false information that has been splashed about social media with no regard for the facts of the case or concern for the individuals implicated, including members of the MBD and other parties with no connection to this matter whatsoever. We hope that by making this information available to the public, we can present a more balanced and truthful view that clarifies the falsehoods that are being propagated.
Should you have any further questions regarding this case or the process of arranging a Gett, we encourage you to please contact the Melbourne Beis Din.
May Hashem bless Klal Yisroel with unity, love and harmony, and in this, may we merit the immediate redemption with the coming of our righteous Moshiach.