Some of the Muslim Jurists and Scholars have derived the verdict that 9:5 is a command to wage war that is general to polytheists collectively and not specific to those polytheists who break the treaties.
For example Imam shafi’i who extended the scope from polytheists to Kuffar in general and said it essentially permits killing their Men provided they don’t have a covenant.
Imam al Shafi’i said:
Allah protected blood and limited the taking of wealth, except for right, by belief in Allah and in his Messenger or through a promise given by the believers, based on the law of Allah and His Messenger, to the Kitabis. He allowed shedding the blood of Mature Men who withhold themselves from belief and who do not possess a Promise. [ Kitab al Umm 1/293 ]
There is also Ibn Taymiyyah who wrote it commands jihad against everyone. Presumably everyone of the polytheists.
Ibn Taymiyyah said:
...When Allah revealed bara’ah and commanded the Prophet to end the indefinite agreements, he could no longer make agreements as he used to do. Rather he was obligated to wage jihad against everyone, as Allah says in the verse...(9:5) [ Majmu Fatawa 19/20 ]
And most surprisingly of all, it appeared Ibn Hazm the literalist considered 9:5 to be a command to war that is general over the polytheists collectively also, Ibn Hazm said:
Ibn Hazm said: “And the statements of Allah: ‘(9.5)’. And: (9.29)... are indicative of Allah the Exalted not acknowledging and nullifying every treaty, thus leaving the polytheists no course but to accept Islam, or be fought. While the opportunity to pay the Jizyah in a state of humiliation, is specifically for the People of the Issue [ Muhalla 5/362 ]
And the reason why I was surprised by Ibn Hazm’s opinion the most out of all of these scholars is that I expected him as a literalist to even more so take into account the preceding and succeeding text of 9:5 which to me suggests 9:5 is not general to all polytheists, but specific to polytheists who break treaties.
This is a declaration of repudiation by Allah and His Apostle to the polytheists with whom you had made a treaty: Travel in the land for four months, but know that you cannot thwart Allah, and that Allah shall disgrace the faithless.This is an announcement from Allah and His Apostle to all the people on the day of the greater ḥajj that Allah and His Apostle repudiate the polytheists: If you repent that is better for you; but if you turn your backs [on Allah], know that you cannot thwart Allah, and inform the faithless of a painful punishment except the polytheists with whom
you have made a treaty, and who did not violate any [of its terms] with youbacked anyone against you. So fulfill the treaty with them until [the end of] its term. Indeed Allah loves the Godwary
Then, when the sacred months have passed, kill the polytheists wherever you find them, capture them and besiege them, and lie in wait for them at every ambush. But if they repent, and maintain the prayer and give the zakāt, then let them alone. Indeed Allah is all-forgiving, all-merciful...
For if they get the better of you, they will observe toward you neither kinship nor covenantThey please you with their mouths while their hearts spurn you; and most of them are transgressors...
if they break their pledgesafter their having made a treaty and revile your religion, then fight the leaders of unfaith —indeed they have no [commitment to] pledges— maybe they will relinquish.
Will you not make war on a people who broke their pledgesand resolved to expel the Apostle, and opened [hostilities] against you initially? Do you fear them? But Allah is worthier of being feared by you, should you be faithful.and remove rage from their hearts, [ 9:1- 15 ]
Apologies for the wall of text but it was necessary to illustrate my objection to the global interpretation of 9:5 . You can see based on the text I highlighted that it appears 9:5 is clearly specific to only the treaty breaking Polytheists.
But given that, then how could a non negligible number of masters of Islamic Knowledge have concluded 9:5 is general to all polytheists? Am I just misreading the text..could it be that 9:5 means all the treaties are finished after the sacred months and whether the polytheists honoured the treaties or not they are all to be slain until they submit to Islam? But the verses after this command indicate the reason for killing is their breaking the treaties...
Will you not make war on a people who broke their pledgesand resolved to expel the Apostle, and opened [hostilities] against you initially? Do you fear them? But Allah is worthier of being feared by you, should you be faithful.and remove rage from their hearts,