Commentary for Bava Metzia 82:5

רבא אמר לא תאמר שליחות יד לא בשומר חנם ולא בשומר שכר ותיתי משואל ומה שואל דלדעת בעלים קא עביד שלח בה יד חייב שומר חנם ושומר שכר לא כל שכן

And the other: that you should not say: It is sufficient that that which is deduced a <i>minori</i> shall be as that from which it is deduced: just as a borrower is exempt if the owner [is in his service],<span class="x" onmousemove="('comment',' Ibid. 13f: And if a man borrow aught of his neighbour, and it be hurt or die, the owner thereof being not with it, he shall surely make it good. But if the owner thereof be with it, he shall not make it good. The Rabbis interpret this as meaning that if the owner is in the borrower's service when the article is borrowed and/or when the accident occurs (v. 94a and 95b) he is not liable. ');">⁹</span> so also are unpaid and paid bailees exempt, if the owner [is in their service.]<span class="x" onmousemove="('comment',' Therefore (unlawful) use is mentioned in their case to show that even then they are responsible. ');">¹⁰</span>

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