Short answer
"The verse of the sword" is a name some scholars gave to 9:5, which ordered war against particular Arabian polytheists after the sacred months. Read in context, it concerns tribes who had broken their treaties and attacked the Muslims. The ayat around it exempt those who kept their treaties (9:4), order protection for any who ask (9:6), and command fairness to those who are fair (9:7).
Fighting is a matter for a legitimate Muslim authority under strict rules, never for individuals. Treaties and covenants must be honoured, and harming a non-Muslim who lives under a covenant, including as a citizen or visitor, is a grave sin.
The four schools agree on this.
Explanation
The setting. Surah at-Tawbah was revealed in 9 AH, after years of war with the Quraysh and allied tribes. Several had signed treaties and then broken them, helping enemies against the Muslims. The opening ayat give them four months' notice. Then 9:5 says that when the sacred months have passed, the Muslims may fight those polytheists, unless they repent, pray and give zakah.
The verses around it:
- 9:4: excepted are those who kept their treaty and did not help anyone against you; complete their treaty to its term.
- 9:6: if any polytheist seeks your protection, protect him so he can hear the word of Allah, then take him to a place of safety.
- 9:7: as long as they are upright with you, be upright with them.
- 9:13: these were people who broke their oaths, plotted to expel the Messenger and attacked first.
How scholars read it. Mainstream commentators explain it in the light of other ayat: fight those who fight you and do not transgress (2:190), incline to peace when they do (8:61), and be kind and just to those who do not fight you (60:8). The Hanafi jurists themselves treated its ruling as specific to the idolaters of Arabia in that period; with other peoples a covenant of peace and protection could be made. Some early scholars said 9:5 abrogated earlier ayat of patience; many others did not accept that, and in any case its rulings belong to a state at war, under the law of war, not to individuals. The Prophet ﷺ said that whoever kills a person under a covenant will not smell the fragrance of Paradise.
Quoting 9:5 alone, by Muslims or critics, gives a false picture. Read it with its neighbours and a sound tafsir. See Quran 2:190, Quran 60:8 and which tafsir to read.
The evidence
Quran, Surah At-Tawba 9:4
إِلَّا ٱلَّذِينَ عَٰهَدتُّم مِّنَ ٱلْمُشْرِكِينَ ثُمَّ لَمْ يَنقُصُوكُمْ شَيْـًۭٔا وَلَمْ يُظَٰهِرُوا۟ عَلَيْكُمْ أَحَدًۭا فَأَتِمُّوٓا۟ إِلَيْهِمْ عَهْدَهُمْ إِلَىٰ مُدَّتِهِمْ ۚ إِنَّ ٱللَّهَ يُحِبُّ ٱلْمُتَّقِينَ ﴿٤﴾
Excepted are those with whom you made a treaty among the polytheists and then they have not been deficient toward you in anything or supported anyone against you; so complete for them their treaty until their term [has ended]. Indeed, Allah loves the righteous [who fear Him].
Those who kept their treaties were excluded.
Quran, Surah At-Tawba 9:6
وَإِنْ أَحَدٌۭ مِّنَ ٱلْمُشْرِكِينَ ٱسْتَجَارَكَ فَأَجِرْهُ حَتَّىٰ يَسْمَعَ كَلَٰمَ ٱللَّهِ ثُمَّ أَبْلِغْهُ مَأْمَنَهُۥ ۚ ذَٰلِكَ بِأَنَّهُمْ قَوْمٌۭ لَّا يَعْلَمُونَ ﴿٦﴾
And if any one of the polytheists seeks your protection, then grant him protection so that he may hear the words of Allah. Then deliver him to his place of safety. That is because they are a people who do not know.
Protection had to be given to any who asked.
Quran, Surah At-Tawba 9:13
أَلَا تُقَٰتِلُونَ قَوْمًۭا نَّكَثُوٓا۟ أَيْمَٰنَهُمْ وَهَمُّوا۟ بِإِخْرَاجِ ٱلرَّسُولِ وَهُم بَدَءُوكُمْ أَوَّلَ مَرَّةٍ ۚ أَتَخْشَوْنَهُمْ ۚ فَٱللَّهُ أَحَقُّ أَن تَخْشَوْهُ إِن كُنتُم مُّؤْمِنِينَ ﴿١٣﴾
Would you not fight a people who broke their oaths and determined to expel the Messenger, and they had begun [the attack upon] you the first time? Do you fear them? But Allah has more right that you should fear Him, if you are [truly] believers.
The people meant had broken treaties and attacked first.
Quran, Surah Al-Mumtahana 60:8
لَّا يَنْهَىٰكُمُ ٱللَّهُ عَنِ ٱلَّذِينَ لَمْ يُقَٰتِلُوكُمْ فِى ٱلدِّينِ وَلَمْ يُخْرِجُوكُم مِّن دِيَٰرِكُمْ أَن تَبَرُّوهُمْ وَتُقْسِطُوٓا۟ إِلَيْهِمْ ۚ إِنَّ ٱللَّهَ يُحِبُّ ٱلْمُقْسِطِينَ ﴿٨﴾
Allah does not forbid you from those who do not fight you because of religion and do not expel you from your homes - from being righteous toward them and acting justly toward them. Indeed, Allah loves those who act justly.
Kindness and justice to those who do not fight Muslims.
Sahih al-Bukhari 3166
Sahih... من قتل معاهدا لم يرح رائحة الجنة ...
"Whoever kills a person under a covenant will not smell the fragrance of Paradise."
Harming non-Muslims protected by a covenant is forbidden.
Where the ruling is recorded
- Tafsir Ibn Kathir, Commentary on Surah at-Tawbah 9:1 to 13. Explains the context of the treaties and the exceptions.
- Ma'ariful Quran (Mufti Muhammad Shafi), Commentary on Surah at-Tawbah, opening section. Explains that the ruling concerned specific treaty-breaking tribes of Arabia.
- al-Hidaya, Kitab al-Siyar. Hanafi rules of war, treaties and safe conduct (aman), all tied to the Muslim authority.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.