Hi. Lo Tasgir is explained on this Daf to refer to the case of purchasing an Eved and promising him his freedom. But how is one permitted to purchase an Eved Kena'ani with intent to free him? Would that not be a violation of "LeOlam BaHem Ta'avodu", per Berachot 47b? It can't be that the Pasuk of "Lo Tasgir" is talking about a case of "d'Iy", as we saw on the top Daf 78a! Thank you for your time.
Mark Gotesman, Bergenfield, USA
Great question! I can offer two answers, although such a question can have some more good answers.
1) The Gemara (Gitin 38b and elsewhere) records the Beraisa that says that the Isur of freeing a slave is not unanimous. Although Rebbi Akiva says that one is prohibited to free a slave, Rebbi Yishmael holds that keeping a slave indefinitely is optional, but one who wants to free the slave is permitted to do so. We may suggest that Rebbi agrees with Rebbi Yishmael.
2) A better answer is offered by some Acharonim (Panim Yafos to Parshas Ki Tetzei, Sho'el u'Meishiv 5:81, and others). Rav Nachman explains that the case of Rebbi is that the buyer wrote in the Shtar that in the exact same moment that the slave is bought, he is freed. The prohibition against freeing a slave applies only when the slave was actually a slave, even for a short time, but if the slave was freed at the exact same moment he should have become a slave, he never actually became an Eved, and there is no Isur of "l'Olam Bahem Ta'avodu."
Best Regards,
Aharon Steiner