Surah At-Tawba (9) — Ayah 5

(Ayah 5) ➊ {فَاِذَا انْسَلَخَ الْاَشْهُرُ الْحُرُمُ … :} By these four months are meant the days from the 10th of Dhul-Hijjah to the 10th of Rabi' al-Thani. Some people have taken this to mean the well-known sacred months, that is, Rajab, Dhul-Qa'dah, Dhul-Hijjah, and Muharram. If the declaration of disassociation was made on the 10th of Dhul-Hijjah, then until the end of Muharram, it totals fifty days, which is why Hafiz Ibn Kathir and other commentators have taken the four months to mean from the 10th of Dhul-Hijjah to the 10th of Rabi' al-Thani, and they have been called {’’ الْاَشْهُرُ الْحُرُمُ ‘‘} because during this respite, the killing of the polytheists was forbidden. This is the correct interpretation.

➋ { كُلَّ مَرْصَدٍ:} By "places of ambush" is meant those routes or places where the passage of the enemy is expected and from where it is possible to attack and finish them off. The meaning is that it is not enough to fight these polytheists only on the battlefield, but by whatever means you can overpower and kill them, you must do so.

➌ {فَاِنْ تَابُوْا وَ اَقَامُوا الصَّلٰوةَ … :} Shah Abdul Qadir (may Allah have mercy on him) writes: "Those with whom a promise had been made and no treachery was seen from them, their peace remained, and those with whom there was no promise, they were given a respite of four months. And the Messenger of Allah (peace and blessings be upon him) said that the knowledge of the heart is with Allah; outwardly, whoever is a Muslim is equally under protection, and the limit of outward Islam was set as bringing faith, repenting from disbelief, and establishing prayer and zakat. Therefore, when a person abandons prayer, his protection is lifted." (Mowdih) This is the ruling on the basis of which Abu Bakr al-Siddiq (may Allah be pleased with him) fought those who denied zakat and said, "I will certainly fight the one who differentiates between prayer and zakat." And Abdullah bin Umar (may Allah be pleased with them both) narrates that the Messenger of Allah (peace and blessings be upon him) said: "I have been commanded to fight the people until they testify that there is no god but Allah and that Muhammad is the Messenger of Allah, establish prayer, and pay zakat. Then when they do these (three) things, they have protected their blood and wealth from me, except by the right of Islam, and their reckoning is with Allah." [ بخاری، الإیمان، باب : « فإن تابوا و أقاموا الصلاۃ…» : ۲۵ ]

Remember that in the testimony to the messengership of the Messenger of Allah (peace and blessings be upon him), the acknowledgment of obedience to all his commands is included. If someone denies any of these commands, which is commonly known to all as the command of Allah and His Messenger, then he will be considered an apostate. And if he does not deny any command but is unable to act upon it, then he will be a sinful Muslim, not a disbeliever. However, the outward signs of being a Muslim are those mentioned above; merely acknowledging them or believing in them in the heart is not sufficient, but acting upon them has been made the guarantee for the protection of blood and wealth.

5. 1. What is meant by the sacred months? There is a difference of opinion regarding this. One opinion is that it refers to the four months which are sacred: Rajab, Dhu al-Qa'dah, Dhu al-Hijjah, and Muharram, and the proclamation of disassociation was made on 10 Dhu al-Hijjah. In this regard, it is as if they were given a respite of fifty days after the proclamation, but Imam Ibn Kathir said that here, اَ شھَرُ حُرْم does not mean the sacred months, but rather the four months from 10 Dhu al-Hijjah to 10 Rabi' al-Thani are meant. They are called sacred months because, according to the proclamation of disassociation, fighting these polytheists and taking any action against them was not permitted during these four months. According to the proclamation of disassociation, this interpretation seems appropriate (and Allah knows best).

5. 2. Some commentators have kept this ruling general, meaning whether in the sacred precinct or outside, wherever you find them, kill them; and some commentators have said, do not fight near Masjid al-Haram until they themselves fight you; if they fight, then you are also permitted to fight them.

5. 3. That is, either take them captive or kill them.

5. 4. That is, do not be content with taking action only when you find them somewhere, but rather, wherever their fortresses, strongholds, and shelters are, lie in wait for them there, so that without your permission, movement for them is not possible.

5. 5. That is, no action should be taken against them, because they have become Muslims. Thus, after accepting Islam, establishing prayer and paying zakat is necessary. If a person abandons even one of these, he will not be considered a Muslim. Just as Abu Bakr al-Siddiq ؓ waged jihad against those who withheld zakat, using this verse as evidence, and said: واللہ لأقتلن من فرق بین الصلوٰ ۃ وال زکوٰۃ (agreed upon) "By Allah, I will surely fight those who differentiate between prayer and zakat," meaning those who pray but avoid paying zakat.

5. Then, when the sacred [4] months have passed, kill the polytheists wherever you find them, and seize them, and besiege them, and lie in wait for them at every ambush. But if they repent, establish prayer, and give zakat [5], then let them go their way. Surely, Allah is Most Forgiving, Most Merciful.

[4] Here, the sacred months refer to the four-month period from 10th Dhul-Hijjah, 9 AH to 10th Rabi' al-Thani, 10 AH, which was given to the polytheists for reflection. Here, the sacred months do not mean Dhu al-Qa'dah, Dhu al-Hijjah, Muharram, and Rajab, which were considered sacred even in the Age of Ignorance and whose sanctity was also upheld by Islam.
[5]
Conditions for Not Fighting the Polytheists:

The following hadith further clarifies this. Abdullah bin Umar ؓ says that the Prophet ﷺ said, "I have been commanded to fight the people until they bear witness that there is no god but Allah and that Muhammad is the Messenger of Allah, establish prayer, and pay zakat. When they do this, they have protected their lives and property from me except for the right of Islam, and their reckoning is with Allah." [بخاري۔ كتاب الايمان۔ باب فان، تابوا۔۔ مسلم۔ كتاب الايمان۔ باب الامر بقتال الناس حتي۔۔]
That is, for these polytheists, merely declaring acceptance of Islam or repentance is not sufficient; rather, it is also necessary for them to establish prayer and pay zakat to prove the truth of their claim. And if any polytheist outwardly fulfills these three conditions, then he will not be confronted, even if there is still corruption in his intention. And if such is the case, Allah will deal with such people both in this world and in the Hereafter. From this verse, the principle is derived that any Muslim, whether he is a hereditary Muslim or a new convert, if he establishes prayer and pays zakat, he can receive the rights of citizenship in an Islamic government, and if he does not, then he cannot receive rights like those of Muslims.

The Jihad of Sayyiduna Abu Bakr Siddiq ؓ Against Apostates and Those Who Did Not Actually Pay Zakat:

In the Prophetic era ﷺ, after this declaration, the polytheists only adopted the third way, that is, they accepted Islam. However, after the Prophet's ﷺ demise, such polytheists again raised their heads. Some of them completely apostatized from Islam, and some were those who refused to pay zakat. Sayyiduna Abu Bakr Siddiq ؓ convened a consultative assembly regarding fighting such people. In such delicate circumstances, he consulted about waging jihad against those who withheld zakat. In this assembly, most of the Companions, considering the sensitivity of the situation, advised not to confront them for the time being, and some said, "How can you fight those who have entered Islam by reciting the testimony of faith?" Then Sayyiduna Abu Bakr ؓ, reasoning from this very verse, proved to the consultative assembly that just as the establishment of prayer is a condition for the truthfulness of the claim of Islam, so is the payment of zakat. Thus, the assembly had to be convinced of this, and he waged jihad against those who withheld zakat just as he did against the disbelievers and polytheists.