the windpipe or the oesophagus. Thus, the correct view is that if the two jugular veins are severed, the slaughtered animal is lawful, even if the windpipe and oesophagus are not severed, because there is no evidence that severing the windpipe and oesophagus is a condition.
Second: Abu Dawud reported, through a chain subject to criticism, that the Messenger of Allah, may Allah’s peace and blessings be upon him, “forbade the devil’s slaughter”—that is, an animal which is slaughtered without its jugular veins being cut. (1) This is explicit on the matter.
There are four things in the neck; if they are all severed, this constitutes complete slaughter: the two jugular veins; the oesophagus, which is the passageway for food and drink; and the windpipe, which is the passageway for breathing. This is why it is always open, to make breathing easy. Allah made it of soft bones so that movement of the neck would be easy. Thus, you raise your neck to lift your head and lower it again without difficulty. The oesophagus lies behind it—that is, between it and the back of the neck—and is the passageway for food and drink. Unlike the windpipe, it is not open: if someone seeks permission, the door is opened for him; otherwise, the door remains shut.
The second view is that of the Hanbali school. Its scholars, may Allah have mercy on them, said: It suffices to sever the windpipe and oesophagus, even if neither of the two jugular veins is severed. Yet it is well known that if the windpipe and oesophagus are cut while the jugular veins are not cut, the blood will remain and will not flow out, because the blood that emerges from the windpipe and oesophagus will be very slight, like blood that comes out of any vein in the hand or leg, or the like.