why doesnt the g'moro advance the sofek if the cohen was maahil on the baby. because we can add another sofek "maybe the baby did not fill up the entire bor .and even when the cohen was maahil he was maahil on another part of the bor ? also why doesnt the g'moro take into account the chezkas taharo of the cohn ?
y.gellis, toronto canada
Tosfos in Avodah Zara (42a) writes that if the case happened in Reshus ha'Rabim, it must have been a narrow-mouthed pit, such that the head of the Kohen filled the entire Bor. If it was Reshus ha'Yachid, then the Safek that perhaps he was not Ma'ahil does not help; only the Safek of the Chulda helps, for it is like a Vadai.
With regard to the Chezkas Taharah, if it was Reshus ha'Yachid, it doesn't help. Tosfos here and in Pesachim learns that it was Reshus ha'Yachid. According to Tosfos in Avodah Zarah, we must say that we don't follow a Chazakah against a Vadai Negi'ah.
D. Zupnik