What is the proof that Rebbe holds like Abba Shaul? Maybe he holds like the tana kama who holds that a child eved also is zocheh in himself aand the get removes only issurim like the eved gadol?
daniel cohn, israel
The P'nei Yehoshua asks this question as do the Kikayin d'Yonah and the K'sav Sofer.
Since the answer given by the Acharonim is complicated, I will attempt to offer an alternative way of answering your question which I hope will satisfy you. If we assume that the Tana Kama argues with Aba Shauk because he holds that Yesh Yad l'Katan then there is no proof that Rebbi holds like Aba Shaul. However, it seems that the Gemara is assuming that everyone agrees that a Katan does not have a Yad (at least when there is no Da'as Acheres Makneh) but the Tana Kama holds that the Katanim go free when their master the Ger dies, because we learn from Ishah. Just like an Ishah is Muteres when her husband dies without a Get, so too an Eved whose master dies. Aba Shaul holds that we cannot compare an Eved Katan to Ishah since the Eved Katan belongs monetarily to his master, however the tana kama does not make this distinction.
Rebbi Zeira assumes that since Rebbi learnt Eved from Ishah he compares completely to Ishah like Aba Shaul and only an Eved who does not belong monetarily to his master is considered to be lacking only a Get, whereas an Eved Katan, who still belongs monetarily to his master (since a Katan has no Yad), is not considered as lacking only a Get and may still marry a Shifchah. However according to the Tana Kama, we do not compare entirely to Ishah, and even an Eved Katan, who is still monetarily the property of his master, should be unable to marry a Shifchah after his master was Meya'eish.
Dov Freedman