If I create a scroll with the Wish spell and an other person uses it to do anything that would trigger the penalty (anything that is not replicating an 8th or lower level spell causes necrotic damage later and has a 33% chance of not being able to cast the spell ever again) who suffers the penalty? Wouldn't the scroll-user technically not be the one casting the spell, given that it was stored in a scroll?
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\$\begingroup\$ Historical note: In 3.5rd and earlier editions, the "costs" of a powerful wish cast from a magic item were usually borne by the item's creator when they made it. \$\endgroup\$– GMJoeJul 31, 2015 at 3:29
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2\$\begingroup\$ Related: Does a character suffer negative effects from using a Wish spell cast from a magic item? \$\endgroup\$– doppelgreenerMar 4, 2019 at 13:49
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The person using the scroll is casting the spell and pays the price (DMG p. 200).
... you can use an action to read the scroll and cast its spell ...
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1\$\begingroup\$ And it's since been asked: Does a character suffer negative effects from using a Wish spell cast from a magic item? \$\endgroup\$ Feb 8, 2016 at 3:29
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2\$\begingroup\$ @Renard - Amazing adventure mechanic! NPC Arch-mage Diviners using their one Portent - so 1st level minions roll DC 19 when casting Wish from scrolls. Brilliant! \$\endgroup\$ Jun 10, 2020 at 17:01