While discussing the sugya of ain shliach l'divar avairah in the case of retsichah, I said that the mishalaich is patur, according to the Tana Kama, and only the shliach is responsable. A criminal laywer in the shiur said that in every other system of law in the world, this would be called a conspiracy, and the mishalaich would also be guilty of some sort of punishment. I thought of maybe lifnai eiver, although I don't really think so. The point is that the bala-battim start to make fun of the Talmud when things sound different from their Western way of looking at things. What do we say about the liability of the mishalaich? Also, according to Shammai, is the shliach also responsable, or only the mishalaich?(You can imagine the discussion concerning the Dovid-Batsheva case....) Help,
The Gemara clearly states that it is Pashut that the Meshale'ach is Chayav b'Dinei Shamayim. The Chidush of "Ein Shali'ach l'Dvar Aveirah" is that the act of the Aveirah itself does not relate to the Meshale'ach, and therefore he cannot receive the punishment which is administered by Beis Din. This only applies to the Aveirah of Retzichah, murder, which needs an action. (We surely do not call the Meshale'ach up for Shishi).
As for your Baale Batim, let me only suggest to you that you not feel defensive. The Chachmah of the Torah and its fairness is Divine and can be easily proven superior to any subjective set of laws. If you will truly feel that Chazal need not apologize for their legal system you will have the Siyata d'Shemaya to answer them correctly.
Hatzlachah Rabah,
D. Zupnik