If I ask someone to be my shaliach and make a tattoo on someone, am I chayyav malkus and/or the shaliach?
MICHAEL PLASKOW, Netanya - Israel
It seems that the Shaliach would be Chayav in this case based on the Klal of Ein Shaliach l'Dvar Aveirah. Even by murder the Meshalayach is Patur from Misas Beis Din, though he is Chayav Misa Bidei Shamayim because of a Ribui Pasuk (see Rambam, Hilchos Rotzeach 2:2)
Kol Tuv,
Yonason Sigler
This is not a Psak Halachah