Baba Basra 154b - Nivul HaMeis

The gemara says that the inheritors are not allowed to dig up the deceased in order to maintain the inheritance in their hands because it is a violation of nivul ha'meis. But, the buyers who claim that they purchased the property can demand that the meis be dug up in order to prove that they have purchased the property from a gadol. The gemara explains that their claim is: אנן זוזי יהבינן ליה, לינוול וליננול. The Rashbam explains that they have a right to claim that they aren't concerned with the embarrassment of the meis, and they are not obligated to be concerned because: שאינו קרובינו, והפסדנו מרובה. The Rashbam seems to hold that the concern for nivul ha'meis only applies either to a relative, or to others when they aren't suffering a loss, but buyers who are not relatives of the deceased and are suffering a loss have the right to demand that he be dug up. Where does the Rashbam get this notion that nivul ha'meis doesn't apply in a situation where there is a loss?

The gemara Sanhedrin 45a discusses whether a person is stoned in their clothing. The gemara concludes that all agree we try to fulfill ואהבת לרעך כמוך, but with clothes he will die slower, without clothes it will be more degrading. The machlokes is whether it is more ואהבת לרעך כמוך to kill him without pain, or to maintain his dignity. Based on this the issur of nivul ha'meis is a din in ואהבת לרעך כמוך. This is also the peshat in baba kama 51a where we raise the height of the place of sekilah to kill him quickly, but not too high so that he doesn't break up into limbs. Both the concern for raising it and the concern not to raise it too high are a requirement of ואהבת לרעך כמוך. Based on this, it seems that just as we have a rule in baba metzia חייך קודמין, meaning that ואהבת לרעך כמוך is only כמוך, but doesn't have to exceed himself, when it comes to the collection of a debt we don't obligate someone to suffer a monetary loss to fulfill the mitzvah of ואהבת לרעך כמוך. Therefore, the buyers are allowed to demand that the deceased be dug up to save themselves from a loss. The Rashbam is meduyak in his language that their demand is והפסדנו מרובה, meaning their loss exceeds the amount of nivul that he would suffer, which is really the hagdara of חייך קודמין. Meaning, if all things are equal or if I have more to lose, then we say חייך קודמין. But if the loss would be minimal and the nivul would be severe, there isn't any heter of חייך קודמין.

However, both the Rashbam and Tosafos seem to understand that relatives are obligated to suffer some level of loss to prevent nivul. Perhaps this is part of the din מבשרך אל תתעלם. Basically, the concept of מבשרך אל תתעלם places a greater demand of ואהבת לרעך כמוך on a relative than on a stranger.

This is all assuming that the hagdara of niuvl hameis isn't כי קללת אלקים תלוי, which would be a בין אדם למקום obligation for which there is not heter to save for a monetary loss (as we find in baba metzia - מי דחינן איסורא מקמי ממונא). Although the bizayon is because of קללת אלקים תלוי, the hagdara of the issur is considered to be bein adam l'chaveiro, for which we allow one to protect himself even at the expense of someone else.