What is the ruling on theft of perfume (Tayyib) used inside the enclosure?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the thief applies perfume inside the enclosure and nothing remains on him that would constitute the Nisab if collected, there is no amputation. This is because he destroyed what could not be gathered by using it, similar to eating food. If the amount used reached the Nisab, amputation is obligatory because a Nisab amount was effectively removed.
Supporting text
Another opinion suggests amputation is due if the applied perfume reached the Nisab, even if the amount that could be gathered subsequently falls below the Nisab, because a Nisab amount was initially removed. The first position is preferred.