What is the status of Jerusalem’s holiness today? TB Makkot 19

Today’s daf TB Makkot asks the question what is the status of Jerusalem’s holiness today now that the Temple is destroyed? Is Jerusalem’s holiness in perpetuity or only when the Temple stands? The initial consecration of Jerusalem’s sanctity occurred during King David and King Solomon’s reign If the initial consecration sanctified Jerusalem and the Temple in perpetuity, there’s no need to re-sanctify when the second Temple was built or perhaps even when the third Temple will be built. If it is not sanctified, then at the appropriate time we have to re-sanctify it. The answer to this question determines whether the mitzvot of the firstborn animal and the second tithe. Ma’aser sheni still needs to be observed in Jerusalem today.

“The Gemara asks: And what opinion does Rabbi Yishmael hold that led to his initial assumption that one is obligated to bring a firstborn animal to Jerusalem only when the Temple is standing? If he maintains in general that the initial consecration of the Temple sanctified Jerusalem for its time and sanctified Jerusalem forever, and the location of the Temple remains sacred even after the Temple was destroyed, then one should also be obligated to bring a firstborn animal to the place of the Temple and sacrifice it on an altar and eat it. If he maintains that the initial consecration of the Temple sanctified Jerusalem for its time but did not sanctify Jerusalem forever, then he should raise a dilemma even with regard to a firstborn, whether it may be eaten in Jerusalem. Ravina said: Actually, Rabbi Yishmael maintains that the initial consecration of the Temple sanctified Jerusalem for its time but did not sanctify Jerusalem forever;” (Sefaria.org translation).

Ultimately the Gemara decides that the Temple with the altar needs to stand to observe these two commandments. Interestingly Rambam poskins:

With the first consecration performed by Solomon, for he consecrated the Temple Courtyard and Jerusalem, for that time and for eternity.

Therefore, we may offer all the sacrifices [on the Temple site], even though the Temple itself is not built. Similarly, sacrifices of the most holy order can be eaten in the entire [area of the] Courtyard, even though it is in ruin and not surrounded by a divider.

We may also eat sacrifices of lesser sanctity and Ma'aser Sheni throughout Jerusalem, even though [it is not surrounded by] a wall, for through its original consecration, it was consecrated for that time and for eternity.

Why do I say that the original consecration sanctified the Temple and Jerusalem for eternity, while in regard to the consecration of the remainder of Eretz Yisrael, in the context of the Sabbatical year, tithes, and other similar [agricultural] laws, [the original consecration] did not sanctify it for eternity?

Because the sanctity of the Temple and Jerusalem stems from the Shechinah, and the Shechinah can never be nullified. Therefore, [Leviticus 26:31] states: "I will lay waste to your Sanctuaries." The Sages declared: "Even though they have been devastated, their sanctity remains."

In contrast, the [original] obligation to keep the laws of the Sabbatical year and tithes on the Land stemmed from the fact that it was conquered by the [Jewish people, as a] community. Therefore, when the land was taken from their hands [by the Babylonians,] their [original] conquest was nullified. Thus, according to Torah law, the land was freed from the obligations of the Sabbatical year and of tithes because it was no longer Eretz Yisrael.

When Ezra returned [to Eretz Yisrael] and consecrated it, it was not sanctified by means of conquest, but rather through Chazzakah. Therefore, every place which was repossessed by the [exiles returning from] Babylon and consecrated when Ezra consecrated [the land] the second time, is sacred today.

Thus, as explained in Hilchot Terumah, it is necessary to keep the laws of the Sabbatical years and the tithes [on this land] even though it was taken from [the Jewish people in later years].” (Sefaria.org translation)

Since all of us are in a state of ritual unreadiness, tumah, and we have no means of becoming ritually ready, we may not offer up sacrifices. On the other hand, “In Israel today, Ma'aser Sheni (the second tithe) is observed by transferring its sanctity to a coin, typically worth at least 50 agorot (a peruta). This practice is followed because, without the Beit HaMikdash, individuals are not in a state of purity to consume the Ma'aser Sheni produce in Jerusalem. The coin is then disposed of according to halachic requirements, usually by damaging it to render it unusable.” (https://www.google.com/search?q=How+is+ma%27aser+sheni++observed+today+in+Israel&sca_esv=d4f6be32e80b988c&sxsrf=AHTn8zq3p0u-95qRbvDyorfn7uKEihkguA%3A1745776835876&source=hp&ei=w3AOaPLRMufS5NoPn-CeyAg&iflsig=ACkRmUkAAAAAaA5-0-jpfpzhBu_10V4yPrgzgC5qySFN&ved=0ahUKEwiyv6DB5fiMAxVnKVkFHR-wB4kQ4dUDCBk&uact=5&oq=How+is+ma%27aser+sheni++observed+today+in+Israel&gs_lp=Egdnd3Mtd2l6Ii5Ib3cgaXMgbWEnYXNlciBzaGVuaSAgb2JzZXJ2ZWQgdG9kYXkgaW4gSXNyYWVsMgcQIRigARgKMgcQIRigARgKMgcQIRigARgKMgcQIRigARgKSLnfAVAAWNvDAXAAeACQAQSYAZQBoAGWEaoBBDI1LjK4AQPIAQD4AQGYAhegAt4OwgIEECMYJ8ICChAjGIAEGCcYigXCAg4QABiABBixAxiDARiKBcICBRAAGIAEwgILEC4YgAQYsQMY1ALCAggQABiABBixA8ICBhAAGBYYHsICBxAAGIAEGA3CAggQABgWGAoYHsICBRAhGKABwgIIEAAYCBgNGB7CAgsQABiABBiGAxiKBcICCBAAGIAEGKIEwgIIEAAYogQYiQXCAgUQABjvBcICBRAhGKsCmAMAkgcEMjIuMaAH7bABsgcEMjIuMbgH3g4&sclient=gws-wiz)