{"id":12227,"date":"2026-07-12T00:07:51","date_gmt":"2026-07-11T21:07:51","guid":{"rendered":"https:\/\/ph.yhb.org.il\/en\/?p=12227"},"modified":"2026-08-05T14:19:29","modified_gmt":"2026-08-05T11:19:29","slug":"17-12-07","status":"publish","type":"post","link":"https:\/\/ph.yhb.org.il\/en\/17-12-07\/","title":{"rendered":"07.The Second Sanctification and Its Halakhic Effect for the Communal-National Mitzvot"},"content":{"rendered":"

One of the most painful expressions of the crisis that befell the Jewish people after the destruction of the First Temple was that they were no longer obligated to observe the communal-national mitzvot dependent on the Land: shemita<\/em> and yovel<\/em>, terumot<\/em> and ma\u2019asrot<\/em>, and the gifts to the poor. Through these mitzvot, the values of Torah enter the nation\u2019s practical public life, and through them the Jewish people\u2019s distinctive character is revealed. It stands to reason that even after the destruction, some Jews continued to observe these mitzvot to some degree; still, they did so as a continuation of ancestral practice, not because they were obligated. Ezra\u2019s great achievement was restoring the obligation to observe these mitzvot. In the seventh year after the Temple was built, Ezra and his court renewed the halakhic sanctity of the Land with respect to the mitzvot dependent on it. They resumed the count toward shemita<\/em> and yovel<\/em>, and the Jewish people once again became obligated in the Land\u2019s communal-national mitzvot: terumot<\/em> and ma\u2019asrot<\/em>, \u1e25alla<\/em>, the gifts to the poor, and shemita<\/em>.<\/p>\n

The Sages taught that the first sanctification, by which the Land was sanctified in the days of Yehoshua bin Nun for the communal-national mitzvot, was limited to its time and therefore was nullified with the destruction and exile. The second sanctification, in the days of Ezra, remained forever. The Torah states that after the Jewish people sin and suffer the punishment of exile, God will bring them back to their Land a second time: \u201cThe Lord your God will restore your fortunes and have compassion upon you, and He will return and gather you from among all the peoples where the Lord your God has scattered you\u2026 And the Lord your God will bring you to the land that your fathers possessed, and you shall possess it\u2026\u201d (Devarim 30:3\u20135). The Sages explain: \u201cthat your fathers possessed\u201d refers to the first inheritance of the Land, in the days of Yehoshua bin Nun; \u201cand you shall possess it\u201d refers to the second inheritance, in the days of Ezra. Since the Torah does not mention a third inheritance, the sanctity created through the second inheritance remains forever. Therefore, even after the destruction of the Second Temple, the sanctity of the Land was not nullified (Yevamot<\/em> 82b).<\/p>\n

The first sanctification took effect through conquest; when the Land was taken from us and the conquest ended, that sanctity was nullified as well. The second sanctification, by contrast, was established through the Jewish people\u2019s settlement of the Land and their hold upon it despite all difficulties. Since this sanctity took effect through settlement even without Jewish sovereignty, it was grounded in the Jewish people\u2019s enduring claim to their Land \u2013 a claim based not on political control, but on the divine promise. Since that claim can never lapse, the sanctity established through it can likewise never be nullified, even after destruction and exile (see Rambam, MT, Laws of Terumot 1:5 and Laws of the Temple 6:16).<\/p>\n

It appears, however, that the first sanctification served as the basis for the second. The sanctity of the Land as it applies to the mitzvot dependent on it reaches its full expression when the mitzva of settling the Land is fulfilled in both its dimensions: conquest and settlement. As the Torah states, \u201cYou shall possess it and dwell in it\u201d (Devarim 11:31): \u201cpossess it\u201d refers to conquest, and \u201cdwell in it\u201d refers to settlement. Once the Jewish people acquired their Land through both dimensions of the mitzva, the Land remained sanctified for its mitzvot forever.<\/p>\n

Although some Rishonim disagree and maintain that the second sanctification, too, was nullified after the destruction (Rashba, Ritva, and Ran), the accepted halakha is that the second sanctification is never nullified. [8]<\/a><\/sup>p><\/p>\n

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[8]<\/a>. From R. Yo\u1e25anan\u2019s statement (Yevamot<\/em> 82b), it appears that this issue is disputed. According to R. Yose, the Tanna of Seder Olam<\/em>, the second sanctification sanctified the Land both for its time and for the future; therefore, one must separate terumot<\/em> and ma\u2019asrot<\/em> today by Torah law. The Sages in the baraita there disagree; in their view, the second sanctification did not sanctify the Land for all generations, and the obligation of teruma<\/em> today is rabbinic (Yevamot<\/em> 82a).<\/div>\n<\/div>\n

Some Rishonim maintain that the halakha follows the Sages: the second sanctification was nullified with the destruction, and therefore, after the destruction, the obligation to separate terumot<\/em> and ma\u2019asrot<\/em> is rabbinic (Rashba, Ritva, Ran, Sefer ha-Teruma<\/em>, and Tashbetz). Other Rishonim maintain that the halakha follows R. Yose: the second sanctification was not nullified, and therefore one must separate terumot<\/em> and ma\u2019asrot<\/em> today by Torah law (Rashi, Raavad, Tur in the name of Ri, and Kaftor Va-fera\u1e25<\/em>).<\/p>\n

Rambam takes a third position. In his view, the second sanctification was not nullified. Nevertheless, the obligation to separate terumot<\/em> and ma\u2019asrot<\/em> today is rabbinic, because the Torah obligation applies only when the majority of the Jewish people are in the Land. One may therefore explain that, according to Rambam, even the Sages who disagree with R. Yose agree that the second sanctification itself was not nullified. R. Yo\u1e25anan\u2019s point, then, is that according to the Sages, terumot<\/em> and ma\u2019asrot<\/em> are rabbinic today because the Torah obligation depends on the majority of the Jewish people dwelling in the Land, as explained in Nidda<\/em> 47a. This is how Rambam rules (MT, Laws of Terumot 1:26). This also appears to be the view of Sefer Mitzvot Gadol<\/em>, positive commandment 133; Sefer ha-\u1e24inukh <\/em>\u00a7507; Maggid Mishneh<\/em> to MT, Laws of Forbidden Relations 20:3; and Mahari\u1e6d 1:25.<\/p>\n

Likewise, virtually all A\u1e25aronim agree that the second sanctification sanctified the Land permanently. In practice, however, the Torah obligation to separate terumot<\/em> and ma\u2019asrot<\/em> applies only when the majority of the Jewish people are in the Land (Radvaz; SA, YD 331:2; AHS).<\/p>\n

Yerushalmi<\/em>, Shevi\u2019it<\/em> 6:1 cites a baraita: \u201cThe nation\u2019s entry in the days of Ezra is compared to its entry in the days of Yehoshua. Just as, when they entered in the days of Yehoshua, they had been exempt and then became obligated, so too, when they entered in the days of Ezra, they had been exempt and then became obligated.\u201d<\/p>\n

The Amora\u2019im disagree about the level of obligation created in the days of Ezra. According to R. Yose bar \u1e24anina, it was a Torah obligation. On the contrary, their greatness lay precisely in accepting the mitzvot despite their weakness: they were few in number, they lived under foreign rule, and they had not conquered the entire Land. It is about this that the Torah says, \u201cHe will do good to you and multiply you more than your fathers\u201d (Devarim 30:5). Perhaps precisely because the Land was sanctified through such difficult settlement, its sanctity endured for generations: through their struggle to settle the Land, the Jewish people\u2019s claim to their Land was clarified with greater force and for all time. See there. According to R. Elazar, however, Ezra\u2019s return did not yet restore a Torah obligation. The people accepted the mitzvot upon themselves through rabbinic authority, and precisely for that reason they needed to seal this acceptance through a covenantal pledge (Ne\u1e25emya 10:1, 33, 36\u201338). On this view, the full and enduring inheritance of the Land still lies in the future, when the Land will again be sanctified by Torah law. This seems to indicate that the halakha follows R. Elazar.<\/p>\n

Many, however, explain R. Elazar\u2019s view in line with Rambam. On this reading, R. Elazar does not mean that the second sanctification was merely temporary or lacked Torah force at its core. Rather, during the Second Temple period, one was obligated to separate terumot<\/em> and ma\u2019asrot<\/em> and to observe shemita<\/em> and yovel<\/em> only by rabbinic enactment, because the necessary national conditions had not yet been met: the majority of the Jewish people were not in the Land, and the tribes were not dwelling there in their proper order (Mahara Fulda, Penei Moshe<\/em>, and Rash Sirilio). Nevertheless, R. Elazar agrees that the second sanctification has a Torah-law foundation and remains in force for all generations. Therefore, once the majority of the Jewish people are in the Land, the Torah obligation of these mitzvot will take effect without any further sanctification.<\/p>\n

    \n
  1. Shimshon of Sens, in his commentary to Shevi\u2019it<\/em> 6:1, explains the Yerushalmi\u2019s<\/em> dispute differently. In his view, R. Yose bar \u1e24anina and R. Elazar both agree that when the second sanctification took effect, one was obligated by Torah law to separate terumot<\/em> and ma\u2019asrot<\/em>. Their dispute concerns the permanence of that sanctification. According to R. Yose bar \u1e24anina, the nation was required by Torah law to sanctify the Land, just as in the days of Yehoshua; for that reason, its sanctity remained for generations. According to R. Elazar, however, the nation had the authority to sanctify the Land by Torah law, but chose to sanctify it only for as long as the Temple stood. Therefore, once the Temple was destroyed, the obligation to separate terumot<\/em> and ma\u2019asrot<\/em> became rabbinic. With the third entry into the Land, however, the obligation will again become Torah law without any further sanctification. This explains the view of Rashba, Ritva, and Ran.<\/li>\n<\/ol>\n

    According to the Vilna Gaon (Bi\u2019ur Ha-Gra<\/em> 331:6), the halakha follows R. Elazar: the second sanctification was rabbinic in origin, yet it sanctified the Land for all generations, as Rambam rules. Even so, the Vilna Gaon agrees that no third sanctification will be necessary. The second sanctification remains in place, and when the majority of the Jewish people are in the Land, one will be obligated by Torah law to separate terumot<\/em> and ma\u2019asrot<\/em>.<\/p>\n

    Above, I followed the earlier views, which maintain that the Land was sanctified in the days of Ezra by Torah law. According to Rambam and those who agree with him, however, shemita<\/em>, terumot<\/em>, and ma\u2019asrot<\/em> remained rabbinic at that time because the majority of the Jewish people were not in the Land.<\/p>\n","protected":false},"excerpt":{"rendered":"

    One of the most painful expressions of the crisis that befell the Jewish people after the destruction of the First Temple was that they were no longer obligated to observe the communal-national mitzvot dependent on the Land: shemita and yovel, terumot and ma\u2019asrot, and the gifts to the poor. Through these mitzvot, the values of […]<\/p>\n","protected":false},"author":64,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[233],"tags":[],"class_list":["post-12227","post","type-post","status-publish","format-standard","hentry","category-17-12"],"yoast_head":"\n07.The Second Sanctification and Its Halakhic Effect for the Communal-National Mitzvot - Peninei Halakha<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/ph.yhb.org.il\/en\/17-12-07\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"07.The Second Sanctification and Its Halakhic Effect for the Communal-National Mitzvot - Peninei Halakha\" \/>\n<meta property=\"og:description\" content=\"One of the most painful expressions of the crisis that befell the Jewish people after the destruction of the First Temple was that they were no longer obligated to observe the communal-national mitzvot dependent on the Land: shemita and yovel, terumot and ma\u2019asrot, and the gifts to the poor. 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