Short answer
Qur'an 9:5 was revealed about the idol-worshipping tribes of Arabia at war with the Prophet Muhammad (ﷺ). Many of them had broken their treaties and attacked first. It does not name Jews, Christians or unbelievers in general. The chapter opens by ending the treaties and gives the pagans four months' notice to move freely. It spares every tribe that kept its word, and says to honour those treaties to the end. It gives the reason for the fighting: they broke their oaths and struck first. The very next verse protects the enemy. Any pagan who asks for safety must be given it, allowed to hear God's (﷾) word, and escorted to a safe place. Quoting 9:5 without 9:6 leaves out half of the command. Islam's answer: 9:5 was a ruling for one war in the Prophet's (ﷺ) time, bound by limits and protecting those who kept faith. It gives no individual or group today a right to fight anyone. In Islamic law war is for the ruler of a state alone, and Muslims keep the law of whatever country they live in (17:34).
Full explanation
The verse the critics quote
In 9:5 the Muslims of the Prophet's (ﷺ) time were told to fight the pagan tribes at war with them once the forbidden months were over. Ibn Kathir reports from early scholars that these are the four months of free passage announced in verse 2. The pagans (mushrikun, those who worship others beside God (﷾)) are the idol-worshippers of Arabia. The verse ends by releasing anyone who accepts Islam: if they repent, pray and give charity, they must be left free. The next verse gives a second way out, safe conduct, to any pagan who asks for it without converting.
“But when the forbidden months are past, then fight and slay the Pagans wherever ye find them, an seize them, beleaguer them, and lie in wait for them in every stratagem (of war); but if they repent, and establish regular prayers and practise regular charity, then open the way for them: for Allah is Oft-forgiving, Most Merciful.”
Who the verse is about
The chapter opens with a declaration (bara'a, a release) ending the treaties with the pagans. It gives them four months' notice to travel freely. It then exempts every tribe that kept its treaty, and orders the Muslims to honour those treaties to the end of their term. It gives the reason for the war: an enemy that broke its oaths, plotted to drive the Prophet (ﷺ) out, and attacked first. The passage does not speak of Jews or Christians at all. The verse about the People of the Book (Jews and Christians), 9:29, comes later and has its own page. Scholars differ on how far the command of 9:5 reached after that war. But the classical jurists gave war to the ruler of a state alone, never to individuals, and bound Muslims to keep every treaty and promise of safety. The passage itself keeps faith with those who kept theirs, and gives safe conduct to any enemy who asks.
“A (declaration) of immunity from Allah and His Messenger, to those of the Pagans with whom ye have contracted mutual alliances:-”
“Go ye, then, for four months, backwards and forwards, (as ye will), throughout the land, but know ye that ye cannot frustrate Allah (by your falsehood) but that Allah will cover with shame those who reject Him.”
“(But the treaties are) not dissolved with those Pagans with whom ye have entered into alliance and who have not subsequently failed you in aught, nor aided any one against you. So fulfil your engagements with them to the end of their term: for Allah loveth the righteous.”
“Will ye not fight people who violated their oaths, plotted to expel the Messenger, and took the aggressive by being the first (to assault) you? Do ye fear them? Nay, it is Allah Whom ye should more justly fear, if ye believe!”
Ibn Qudamah, a Hanbali jurist, holds that the matter of jihad is entrusted to the ruler (imam) and his judgement, and that the people must obey him in it. He makes one exception: if an enemy attacks suddenly and there is no time to ask the ruler, the people may defend themselves without his permission. He also holds that a Muslim who enters a non-Muslim land under a promise of safety (aman) may not betray its people or take their property, because the safety was given on the understanding that he would not betray them, even if this was not said in words.
9:1-2
The treaties with the pagans ended, with four months' notice to travel freely.
9:4
Every tribe that kept its treaty is exempt; honour those treaties to the end.
9:5
After the four months, fight the pagan tribes at war; leave free any who repent.
9:6
Any of them who asks for safety: give it, let him hear the word of Allah (﷾), and escort him to safety.
9:13
The reason: they broke their oaths, plotted to drive out the Prophet (ﷺ), and attacked first.
The next verse: protection and safe escort
Straight after 9:5 comes a command to protect the enemy. Any pagan who asks for safety must be granted it, so that he can hear the Qur'an. He must then be taken to a place where he is safe. A verse ordering the killing of all unbelievers would not be followed by this.
“If one amongst the Pagans ask thee for asylum, grant it to him, so that he may hear the word of Allah; and then escort him to where he can be secure. That is because they are men without knowledge.”
The limits that govern every war
All fighting in Islam is bound by the command not to transgress limits. The Prophet (ﷺ) forbade killing women and children. He warned that whoever kills a person under treaty with the Muslims will not smell Paradise. Only the ruler of a state may declare war, never an individual or a group. A Muslim who lives in a country under its protection may not betray its people. The Qur'an commands him to fulfil every engagement, so Muslims keep the law of whatever country they live in (17:34). The full law of war, and the separate verse 9:29 about the People of the Book, are set out on their own pages.
“Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah loveth not transgressors.”
Ibn Umar reports that a woman was found killed during one of the Prophet's (ﷺ) campaigns, and the Prophet forbade the killing of women and children.
Abdullah ibn Amr reports that the Prophet (ﷺ) said that whoever kills a person who has a treaty with the Muslims will not smell the fragrance of Paradise, though its fragrance reaches a distance of forty years.
Ibn Qudamah, a Hanbali jurist, holds that the matter of jihad is entrusted to the ruler (imam) and his judgement, and that the people must obey him in it. He makes one exception: if an enemy attacks suddenly and there is no time to ask the ruler, the people may defend themselves without his permission. He also holds that a Muslim who enters a non-Muslim land under a promise of safety (aman) may not betray its people or take their property, because the safety was given on the understanding that he would not betray them, even if this was not said in words.
“Come not nigh to the orphan's property except to improve it, until he attains the age of full strength; and fulfil (every) engagement, for (every) engagement will be enquired into (on the Day of Reckoning).”
Verse by verse
Qur'an 9:5 — Surat al-Tawba (The Repentance), verse 5
“But when the forbidden months are past, then fight and slay the Pagans wherever ye find them, an seize them, beleaguer them, and lie in wait for them in every stratagem (of war); but if they repent, and establish regular prayers and practise regular charity, then open the way for them: for Allah is Oft-forgiving, Most Merciful.”
Cited for
Critics say the verse tells Muslims to slay the pagans wherever they are found, and so orders the killing of unbelievers.
The response
The verse just before it exempts the tribes that kept their treaties. Eight verses later, the enemy is named: those who broke their oaths and attacked first. The very next verse orders that any pagan who asks for safety be protected and escorted to safety.
Where it lands — The passage aims 9:5 at the idol-worshippers of Arabia at war with the Prophet (ﷺ). It protects those who kept faith and any enemy who asks for safety. So the verse is not a command against all unbelievers.
Qur'an 9:5 — Surat al-Tawba (The Repentance), verse 5
“But when the forbidden months are past, then fight and slay the Pagans wherever ye find them, an seize them, beleaguer them, and lie in wait for them in every stratagem (of war); but if they repent, and establish regular prayers and practise regular charity, then open the way for them: for Allah is Oft-forgiving, Most Merciful.”
Cited for
Critics say the verse spares the pagans only if they repent, pray and give charity, so it is a choice between Islam and the sword.
The response
The enemy to be fought is named in 9:13: those who broke their oaths and attacked first. Tribes that kept their treaties are exempt, and the Muslims must honour those treaties to the end of their term (9:4). An enemy who asks for safety is protected and escorted to safety, with no demand to convert (9:6).
Where it lands — Read in its passage, the verse is aimed at an enemy at war, not at everyone who will not convert. Scholars differ on how far the command of 9:5 reached after that war, but the classical jurists gave war to the ruler of a state alone. The passage itself gives treaty-keepers, and any enemy who asks for safety, a way other than Islam or the sword.
Perspectives
The Islamic perspective
Qur'an 9:5 came down in one war, against the idol-worshippers of Arabia in the time of the Prophet (ﷺ). Many of them had broken their treaties and attacked first. The same passage protects those who kept faith and gives safe conduct to any enemy who asks for it. The Prophet (ﷺ) also set firm limits on all fighting.
The chapter is addressed to pagans the Muslims had treaties with. It gives them four months of free passage before any fighting.
Pagan tribes that kept their treaties are exempted, and the Muslims are ordered to honour those treaties to the end.
The enemy to be fought is named. It is the one that broke its oaths, plotted to expel the Prophet (ﷺ) and attacked first.
The verse after 9:5 orders protection and safe escort for any pagan who asks for it.
Read in its passage, 9:5 concerns the idol-worshipping tribes of Arabia at war with the Prophet (ﷺ). It is not a command to kill unbelievers in general.
The Prophet (ﷺ) forbade killing women and children, and warned against killing anyone under treaty.
Islam permits fighting only by a lawful state and within limits set by God (﷾), and forbids transgressing them.