3,874. Permanent Sanctity vs. Temporary Sanctity

Hilchos Beis HaBechirah 6:15

Pursuant to the previous halacha, all sacrifices may be offered on the site of the Temple even though the Temple has not been built. Similarly, sacrifices of the highest sanctity could be eaten throughout the area of the courtyard even though it lies in ruin and isn’t surrounded by a partition. We may likewise eat sacrifices of lesser sanctity and second tithe anywhere in Jerusalem, even though it isn’t surrounded by a wall. This is because its original consecration sanctified it for all time.

Hilchos Beis HaBechirah 6:16

You might wonder why the original consecration of the Temple and Jerusalem lasts for all time, but the consecration of the rest of Israel, as far as shemittah, tithes, etc., didn’t last for all time. This is because the sanctity of the Temple and Jerusalem was derived from God’s Presence, which can never be overridden. Along these lines, Leviticus 26:31 says, “I will lay waste to your sanctuaries.” The Sages explain that even though they have been devastated, they retain their sanctity. Conversely, the obligation to observe shemittah and tithes in Israel came from it being conquered by the congregation. Therefore, when the land was taken from them, that conquest was overthrown. The result was the land was released from the obligations of shemittah and tithes under Biblical law because it was no longer Israel. When Ezra returned, he consecrated the land not through conquest but by demonstrating ownership. Therefore, every place that was retaken by the returnees from Babylonia and consecrated when Ezra reconsecrated the land remains sanctified even after it was taken from them. It is therefore obligated in shemittah and tithes, as we discussed in Hilchos Terumah.