My friend asked me to invest about 70,000 in the year 1997. There was no profit. In 1998 with some discussion he said that he can repay it and documents were prepared. I am not asking any interest, as it is the law for Islam. I found that he is not making any effort to pay till now 2003. Recently during a discussion he said that he wants to perform Hajj. He said that he knew that I will not stopped him. I am confused. He also say that if he dies I had no right to ask his family to settle the debt, as they are innocent. If he settles it must I pay Zakah from the year 1997 onwards? Please advise.

Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

It is clear from the question that the questioner no longer thinks that he will be able to recover his money from his partner who keeps on delaying payments giving all kinds of reasons. If this is the case, he pays the Zakah of this money whenever he gets it back for one year only. This is the opinion of Imam Malik and it is the most preponderant. But if the questioner is certain to get back his money, then he has to pay its Zakah as soon as he gets it on all the years that have passed after that amount reached the Nisab (minimum amount that makes Zakah due) by itself or combined with other properties.
Allah knows best.