L’idée selon laquelle « mon corps m’appartient » a été un facteur important dans l’évolution de la vie moderne dans une direction plus laïque et plus libertine. « Mon corps m’appartient, affirment certains, et c’est pourquoi je peux en faire ce que je veux, du moment que je ne porte pas atteinte à autrui ». Tout cela paraît assez logique. Nous vivons constamment avec notre corps. Nous pouvons comprendre qu’il y ait des règles à respecter en ce qui concerne nos actes vis-à-vis des autres. Mais « mon corps m’appartenant », en quoi ce que j’en fais peut-il les concerner ? Pourquoi la Torah s’en soucie-t-elle ? Pourquoi donne-t-elle des injonctions pour la façon dont je dois traiter mon propre corps ?
En fait, nombre de lois et d’enseignements de la Torah concernent précisément notre propre corps. Les lois de la Cacherout indiquent les aliments avec lesquels nous devons le nourrir. Nous devons réciter des bénédictions particulières avant et après manger. Les lois et les principes de décence et de moralité personnelle sont abondants. Il nous est interdit de porter une atteinte physique à notre propre personne. Une loi interdit même le tatouage.
Certes, nous comprenons que D.ieu est le Maître de tout l’univers et qu’Il peut donc nous donner des règles, par l’intermédiaire de Sa Torah, qui affectent notre vie entière. D.ieu a créé le monde et nos corps font partie de ce monde. C’est pourquoi il est compréhensible que des enseignements et des règles nous indiquent ce que nous pouvons faire ou ne pas faire de notre corps. Cependant, cela va plus loin.
Dans la perspective de la Torah, notre corps ne nous appartient pas. Il est entièrement la propriété de D.ieu. En cela, il diffère de nos possessions : notre argent, notre ordinateur, notre maison, notre voiture. Il est vrai que d’une manière générale, « le monde entier appartient à D.ieu » (Psaumes 24 :1). Cependant, D.ieu nous a octroyé des possessions matérielles véritables que, bien sûr, nous devons utiliser conformément à ce que nous indique la Torah. Par contre, notre corps physique ne nous appartient pas réellement. Nos Sages nous disent qu’il nous est prêté par D.ieu et qu’il conserve constamment sa qualité spirituelle. Cela est souligné par un commentaire d’une loi que nous lisons dans la Paracha de cette semaine : Choftim (Devarim 16 : 1 8-21 :9).
La Torah évoque l’ancienne loi juive qui comporte la punition capitale pour certains crimes graves. Elle statue qu’une telle punition ne peut être appliquée que lorsque des témoins ont témoigné contre la personne incriminée. Maïmonide explique que la loi juive ne permet pas un tel châtiment lorsque l’accusé avoue son méfait. S’il proclame avoir assassiné quelqu’un et qu’il n’y ait pas de témoins, il n’est pas jugé comme un assassin. Maïmonide dit : « C’est un décret divin ». (Michné Torah, Lois du Sanhédrine, 18 :6) Il suggère également que la personne pourrait, en fait, utiliser un moyen détourné pour commettre un suicide.
Par contre, lorsqu’il s’agit de cas légaux quotidiens, concernant des querelles à propos d’argent ou de biens matériels, si quelqu’un admet qu’il a tort, cela sera accepté comme la plus solide preuve de sa culpabilité. Selon les mots du Talmud, dans de telles circonstances, « la reconnaissance des faits par un plaideur est équivalente à cent témoignages » (Guittine 40b).
Pourquoi une telle divergence existe-t-elle entre les lois concernant le corps et celles afférant aux possessions matérielles ? Une des explications à ce sujet propose l’idée que notre corps, contrairement à nos possessions matérielles, ne nous appartient pas. Il reste une propriété divine. Nous n’avons pas le droit de lui porter atteinte dans nos actes physiques, pas même lors d’une confession dans une cour de justice. Seul un processus légal complet peut conduire à la peine capitale, ce qui, à l’époque du Temple, était rarissime.
Si notre corps reste la propriété de D.ieu, qu’Il nous l’a prêtée, nous comprenons donc pourquoi tant de lois le concernent. Il est particulièrement saint.
L’œuvre de la vie est de respecter la sainteté de notre corps et, en dernier ressort et par l’observance des lois de la Torah, d’imprégner également de sainteté toutes nos possessions matérielles ainsi que le monde entier. C’est alors que tous, nous percevrons que toute existence, dans ses plus infimes détails, exprime la Gloire de D.ieu.
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