For the source text click/tap here: Sanhedrin 29
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A new Mishna teaches about how to interrogate witnesses. They are brought to a room and threatened, and then everyone leaves except for the most significant witness. They are asked how they know what they say that they know. This is done with the second witness. If the testimonies match, the three judges debate. If two decide that he is zakai, innocent, he is exempt. If two decide that he is chayav, guilty, he is guilty. If one judge is undecided, another judge is called in. Immediately after their decision, the judges inform of the outcome.
Rabbi Shmuel bar Naḥman says that Rabbi Yonatan says: From where is it derived thatthe judges do not advance a claim on behalf of an inciter? It is derived from the incident of the primordial snake who tempted Eve; he was the first inciter. As Rabbi Simlai says: The snake could have advanced many claims on its own behalf, but it did not claim them. And for what reason did the Holy One, Blessed be He, not advance these claims for it,deeming the snake exempt from punishment? Because the snake did not advance these claims itself.
We explore the notion of “primordial serpent" from the plain meaning, midrasnhic and kabbalistic perspectives.