Treaty with the Pagans and non-Muslims

9. [at-Tawbah, Medina 113, 9H after Tabuk]

The Quranic Text & Ali’s Version:

بَرَاءةٌ مِّنَ اللّهِ وَرَسُولِهِ إِلَى الَّذِينَ عَاهَدتُّم مِّنَ الْمُشْرِكِينَ ﴿١﴾

9: 1.     A (declaration) of immunity from Allah and His Messenger, to those of the pagans with whom ye have contracted mutual alliances.

C1246. Baraah: usually translated "immunity".

I do not think that word correctly represents the Arabic word in this context. The general sense is explained in the introduction to this Surah. In verse 3 below I use the periphrasis "dissolve treaty obligations." which goes some way to explain the meaning.

The Pagans and enemies of Islam frequently made treaties of mutual alliance with the Muslims. The Muslims scrupulously observed their part, but the Pagans violated their part again and again when it suited them. After some years, experience it became imperative to denounce such treaties altogether. This was done in due form, with four months' notice, and a chance was given to those who faithfully observed their pledges, to continue their alliance. (R).

فَسِيحُواْ فِي الأَرْضِ أَرْبَعَةَ أَشْهُرٍ وَاعْلَمُواْ أَنَّكُمْ غَيْرُ مُعْجِزِي اللّهِ...   

9: 2.     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)

C1247. Four Months: Some Commentators understand by this the four forbidden months in which warfare by ancient Arabian custom was unlawful, viz., Rajah. Dhu al Qadah, Dhu al Hijjah and Muharram:

See note 209 to 2:194..

But it is better to take the signification of the four months immediately following the Declaration. Assuming that the Surah was promulgated early in Shawwal (see Introduction), the four months would be Shawwal, Dhu al Qadah, Dhu al Hijjah and Muharram, of which the last three would also be the customary Prohibited Months.

...وَأَنَّ اللّهَ مُخْزِي الْكَافِرِينَ ﴿٢﴾

but that Allah will cover with shame those who reject him.

وَأَذَانٌ مِّنَ اللّهِ وَرَسُولِهِ إِلَى النَّاسِ يَوْمَ الْحَجِّ الأَكْبَرِ...   

9: 3.     And an announcement from Allah and His Messenger, to the people (assembled) on the day of the Great Pilgrimage,

C1248. The great day of Hajj is either the 9th of Dhu al Hijjah ('Arafa), or the 10th (the Day of Sacrifice).

...أَنَّ اللّهَ بَرِيءٌ مِّنَ الْمُشْرِكِينَ وَرَسُولُهُ...

that Allah and His Messenger dissolve (treaty) obligations with the pagans.

...فَإِن تُبْتُمْ فَهُوَ خَيْرٌ لَّكُمْ...

If, then, ye repent, it were best for you;

...وَإِن تَوَلَّيْتُمْ فَاعْلَمُواْ أَنَّكُمْ غَيْرُ مُعْجِزِي اللّهِ... ...

but if ye turn away, know ye that ye cannot frustrate Allah.

...وَبَشِّرِ الَّذِينَ كَفَرُواْ بِعَذَابٍ أَلِيمٍ ﴿٣﴾

And proclaim a grievous penalty to those who reject faith.

إِلاَّ الَّذِينَ عَاهَدتُّم مِّنَ الْمُشْرِكِينَ ثُمَّ لَمْ يَنقُصُوكُمْ شَيْئًا...   

9: 4.     (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,

C1249. The sacred duty of fulfilling all obligations of every kind, to Muslims and non Muslims, in public as well as private life, is a cardinal feature of Muslim ethics.

The question what is to be done with those who abuse this principle by failing in their duty but expect the Muslims to do their part is not to be solved (in the case of treaties) by a general denunciation of treaties but by a careful consideration of the cases where there has been fidelity and not treachery.

There we are enjoined to give the strictest fidelity, as it is a part of righteousness and our duty to Allah.

وَلَمْ يُظَاهِرُواْ عَلَيْكُمْ أَحَدًا ...

nor aided anyone against you.

... فَأَتِمُّواْ إِلَيْهِمْ عَهْدَهُمْ إِلَى مُدَّتِهِمْ...

So fulfil your engagements with them to the end of their term:

...إِنَّ اللّهَ يُحِبُّ الْمُتَّقِينَ ﴿٤﴾

for Allah loveth the righteous.

فَإِذَا انسَلَخَ الأَشْهُرُ الْحُرُمُ ...

9: 5.     But when the forbidden months are past,

C1250. The emphasis is on the first clause; it is only when the four months of grace are past, and the other party show no signs of desisting from their treacherous designs by right conduct, that the state of war supervenes-between Faith and Unfaith.

... فَاقْتُلُواْ الْمُشْرِكِينَ حَيْثُ وَجَدتُّمُوهُمْ...

then fight and slay the pagans wherever ye find them

C1251. When war becomes inevitable, it must be prosecuted with vigour.

According to the English phrase, you cannot fight with kid gloves. The fighting may take the form of killing, capture, or siege, or ambush and other stratagems.

But even then there is room for repentance and amendment on the part of the guilty party, and if that takes place, our duty is forgiveness and the establishment of peace.

...وَخُذُوهُمْ وَاحْصُرُوهُمْ وَاقْعُدُواْ لَهُمْ كُلَّ مَرْصَدٍ... ...

and seize them, beleaguer them and lie in wait for them in every stratagem (of war);

...فَإِن تَابُواْ وَأَقَامُواْ الصَّلاَةَ وَآتَوُاْ الزَّكَاةَ فَخَلُّواْ سَبِيلَهُمْ...

but if they repent, and establish regular prayers and practice regular charity, then open the way for them:

C1252. The repentance must be sincere, and that is shown by conduct-a religious spirit of true prayer and charity.

In that case we are not to bar the gate against the repentant. On the contrary we must do all we can to make their way easy, remembering that Allah is Oft-forgiving, Most Merciful.

...إِنَّ اللّهَ غَفُورٌ رَّحِيمٌ ﴿٥﴾  

for Allah is Oft-Forgiving, Most Merciful.

وَإِنْ أَحَدٌ مِّنَ الْمُشْرِكِينَ اسْتَجَارَكَ ...

9: 6.     If one amongst the pagans ask thee for asylum, grant it to him,

C1253. Even among the enemies of Islam, actively fighting against Islam, there may be individuals who may be in a position to require protection. Full asylum is to be given to them, and opportunities provided for hearing the Word of Allah.

If they accept the Word, they become Muslims and brethren, and no further question arises. If they do not see their way to accept Islam, they will require double protection:

-        from the Islamic forces openly fighting against their people, and

-        from their own people, as they detached themselves from them.

Both kinds of protection should be ensured for them, and they should be safely escorted to a place where they can be safe. Such persons only err through ignorance, and there may be much good in them.

... فَأَجِرْهُ حَتَّى يَسْمَعَ كَلاَمَ اللّهِ ثُمَّ أَبْلِغْهُ مَأْمَنَهُ...

so that he may hear the word of Allah and then escort him to where he can be secure:

C1254. Ma'manah: place or opportunity of being secure from all harm.

...ذَلِكَ بِأَنَّهُمْ قَوْمٌ لاَّ يَعْلَمُونَ ﴿٦﴾  

that is because they are men without knowledge.

Other Versions:

9: 1

Asad A [declaration ] of immunity from God and His Apostle, to those of the Pagans with whom you have contracted mutual alliances

Pickthall Freedom from obligation (is proclaimed) from Allah and His messenger toward those of the idolaters with whom ye made a treaty:

Transliteration Bara_'atum minalla_hi wa rasu_lihi ilal lazina 'a_hattum minal musyrikin(a).

9: 2

Asad [Announce unto them:] “Go, then, [freely] about the earth for four months [note 2] - but know that you a can never elude God, and that , verily, God shall bring disgrace upon all who refuse to acknowledge the truth!”

Pickthall Travel freely in the land four months, and know that ye cannot escape Allah and that Allah will confound the disbelievers (in His guidance).

Transliteration Fasihu_ fil ardi arba'ata asyhuriw wa'lamu_ annakum gairu mu'jizilla_h(i), wa annalla_ha mukhzil ka_firin(a).

9: 3

Asad And a proclamation from God and His Apostle [is herewith made] unto all mankind on this day of the Greatest Pilgrimage [note 3]: …………..

Pickthall And a proclamation from Allah and His messenger to all men on the day of the Greater Pilgrimage that Allah is free from obligation to the idolaters, and (so is) His messenger. So, if ye repent, it will be better for you; but if ye are averse, then know that ye cannot escape Allah. Give tidings (O Muhammad) of a painful doom to those who disbelieve.

Transliteration Wa aza_num minalla_hi wa rasu_lihi ilan na_si yaumal hajjil akbari annalla_ha bari'um minal musyrikin(a), wa rasu_luh(u_), fa in tubtum fa huwa khairul lakum, wa in tawallaitum fa'lamu_ annakum gairu mu'jizilla_h(i), wa basysyiril lazina kafaru_ bi 'aza_bin alim(in).

9: 4

Asad But exception shall be – from among those who ascribe divinity to aught beside God – [people] with whom you [O believers] have made a covenant and who thereafter have in no wise failed to fulfill their obligations towards you, and neither have aided anyone against you: observe, then, your covenant with them until the end of the term agreed with them [note 5]. Verily, God loves those who are conscious of Him.

Pickthall Excepting those of the idolaters with whom ye (Muslims) have a treaty, and who have since abated nothing of your right nor have supported anyone against you. (As for these), fulfill their treaty to them till their term. Lo! Allah loveth those who keep their duty (unto Him).

Transliteration Illal lazina 'a_hattum minal musyrikina summa lam yanqusu_kum syai'aw wa lam yuza_hiru_ 'alaikum ahadan fa atimmu_ ilaihim 'ahdahum ila_ muddatihim, innalla_ha yuhibbul muttaqin(a).

9: 5

Pickthall Then, when the sacred months have passed, slay the idolaters wherever ye find them, and take them (captive), and besiege them, and prepare for them each ambush. But if they repent and establish worship and pay the poor due, then leave their way free. Lo! Allah is Forgiving, Merciful.

Transliteration Fa izansalakhal asyhurul hurumu faqtulul musyrikina haisu wajattumu_hum wa khuzu_hum wahsuru_hum waq'udu_ lahum kulla marsad(in), fa in ta_bu_ wa aqa_mus sala_ta wa a_tawuz zaka_ta fa khallu_ sabilahum, innalla_ha gafu_rur rahim(un).

[[ Asad’s notes – 2 – These words, addressed to the ‘mushrikin’ (“those who ascribe divinity to aught beside God”) who have deliberately broken the treaties in force between them and the believers, indicate a cancellation of all treaty obligations on the letters’ part. The period of four months which is to elapse between this announcement and the beginning (or resumption) of hostilities is a further elaboration of the injunction……

3 – There is no unanimity among the commentators as to what is meant by “the day of the Great Pilgrimage”. Most of them assume that it refers to the pilgrimage in the year 9H., in which the Prophet himself did not participate,…………This very fact, however, makes it improbable that the designation : “the Greatest Pilgrimage”……On the other hand, there is exists a Tradition on the authority of ‘Abd Allah ibn ’Umar to the effect that the Prophet described in those very words the last pilgrimage led by himself in 10 H. and known to history as the Farewell Pilgrimage (Zamakhshari, Razi); one may, therefore, assume that it is this which is alluded to here. If this assumption is correct, it would justify the conclusion that verses 3 and 4 of this surah were revealed during the Farewell Pilgrimage, i.e., shortly before the Prophet’s death. This might explain the – otherwise perplexing – statement, reliably attributed to the Prophet’s Companion Al-Bara’ [Bukhari, Kitab at-Tafsir), that At-Tawbah was the last surah revealed to the Prophet: for, although it is established beyond any doubt that the surah as a whole was revealed in 9 H. and was followed by several other parts of the Quran, e.g., Al-Maidah, it is possible tht what Al-Bara had in mind were only these two key-verses (3 and 4) of At-Tawbah, which conceivably were revealed during the Farewell Pilgrimage.

Asad’s note 6 –According to a pre-Islamic custom prevalent in Arabia, the months of Muharam, Rajab, Dhul-Qadah and Dhul-Hijjah were considered “sacred” in the sense that all tribal warfare had to cease during those months. It was with a view to preserving these periods of truce and thus to promoting peace among the frequently warring tribes that the Quran did not revoke, but rather confirmed, this ancient custom. See also 2:194 and 217.]]

[[ Ruby’s note 9:5 – The confirmation and validation of this pre-Islamic custom also conveys two important points: a custom if it does not violate fundamental tenets of Islam that custom can be uphold and incorporated into the lives of Muslims. This was the directive towards the Muslim conquerors of other lands that they be respectful about the traditions and custom of those lands and assimilate into their own lives as well if those are not against the Islamic principles. Here the Quran is upholding the tradition of old days in a very important way. This is an extremely important injunction to note for Muslims because they have been scattered all over the world and there were many dissentions and unnecessary conflicts and struggles created because of failing to understand this spirit of Islam. The idea is that if an idea or custom of a non-Muslim group of nation is good it should be well-received, validated and incorporated by Muslim communities as well. A good idea contributes towards peace, justice and welfare in a society, therefore if that idea comes from anybody or any society it should be incorporated eagerly. Because the highest allegiance is to God and His moral law and not to any culture, lifestyle of even a group to whom one seems to belong. ]]

[[ Ali’s notes

1246 Baraat: usually translated "immunity". I do not think that word correctly represents the Arabic word in this context. I retain it as I cannot think of any single English word as an equivalent. The general sense is explained in the introduction to this Sura. In verse 3 below I use the periphrasis "dissolve treaty obligations," which goes some way to explain the meaning. The Pagans and enemies of Islam frequently made treaties of mutual alliance with the Muslims. The Muslims scrupulously observed their part, but the Pagans violated their part again and again when it suited them. After some years, experience it became imperative to denounce such treaties altogether. This was done in due form, with four months' notice, and a chance was given to those who faithfully observed their pledges, to continue their alliance. (9.1)

1247 Four Months: Some Commentators understand by this the four forbidden months in which warfare by ancient Arabian custom was unlawful, viz., Rajab, Zul-qa'dah, Zul-hijjah, and Muharram: See ii. 194 n. But it is better to take the signification of the four months immediately following the Declaration. Assuming that the Sura was promulgated early in Shawwal (see Introduction), the four months would be Shawwal, Zul-qa'dah, Zul-hijjah, and Muharram, of which the last three would also be the customary Prohibited Months. (9.2)

1248 The great day of Hajj is either the 9th of Zul-hijjah ('Arafa), or the 10th (the Day of Sacrifice). (9.3)

1249 The sacred duty of fulfilling all obligations of every kind, to Muslims and non Muslims, in public as well as private life, is a cardinal feature of Muslim ethics. The question what is to be done with those who abuse this principle by failing in their duty but expect the Muslims to do their part is not to be solved (in the case of treaties) by a general denunciation of treaties but by a careful consideration of the cases where there has been fidelity and not treachery. There we are enjoined to give the strictest fidelity, as it is a part of righteousness and our duty to Allah. (9.4)

1250 The emphasis is on the first clause; it is only when the four months of grace are past, and the other party show no signs of desisting from their treacherous designs by right conduct, that the state of war supervenes-between Faith and Unfaith. (9.5)

1251 When war becomes inevitable, it must be prosecuted with vigour. According to the English phrase, you cannot fight with kid gloves. The fighting may take the form of killing, capture, or siege, or ambush and other stratagems. But even then there is room for repentance and amendment on the part of the guilty party, and if that takes place, our duty is forgiveness and the establishment of peace. (9.5)

1252 The repentance must be sincere, and that is shown by conduct-a religious spirit of true prayer and charity. In that case we are not to bar the gate against the repentant. On the contrary we must do all we can to make their way easy, remembering that Allah is Oft-forgiving, Most Merciful. (9.5)

9: 6

Asad …………and thereupon convey him to a place whre he can feel secure [note 11]: this because they [may be] people who [sins only because they] do not know [the truth].

Pickthall And if anyone of the idolaters seeks your protection (O Muhammad), then protect him so that he may hear the word of Allah; and afterward convey him to his place of safety. That is because they are a folk who know not.

Transliteration Wa in ahadum minal musyrikinastaja_raka fa ajirhu hatta_ yasma'a kala_malla_hi summa ablighu ma'manah(u_), za_lika bi annahum qaumul la_ ya'lamu_n(a).

[[ Asad’s note 11 – Lit., “his place of security (ma’manahu) – i.e., “let him rejoin his homeland” (Razi), which implies that he is free to accept or not accept the message of the Quran: a further re-affirmation of the Quranic imjunction that “there is no coercion in matters of faith” (2:256). ]]

[[ Ali’s notes:

1253 Even among the enemies of Islam, actively fighting against Islam, there may be individuals who may be in a position to require protection. Full asylum is to be given to them, and opportunities provided for hearing the Word of Allah. If they accept the Word, they become Muslims and brethren, and no further question arises. If they do not see their way to accept Islam, they will require double protection: (1) from the Islamic forces openly fighting against their people, and (2) from their own people, as they detached themselves from them. Both kinds of protection should be ensured for them, and they should be safely escorted to a place where they can be safe. Such persons only err through ignorance, and there may be much good in them. (9.6)

1254 Maaman: place or opportunity of being secure from all harm. (9.6) ]