Paying zakaat but having a joint liability to pay off

Question ID: 26094

Assalam o alaikum,
Respected Mufti Sahab, I need some doubts to be cleared regarding zakat. We ( my father and my two brothers and me) had purchased a flat two years ago with the money we saved in these years and we all contributed in buying the flat. We also took a loan from our brother in law around Rs. 2 lacs in purchasing this flat. It has been over two years now we have purchase the flat but still we have not paid back the loan amount to our brother in law. He is not demanding it. But we ourselves think that we should pay it back. But we are thinking of selling the flat now and the money which we will get will first pay off the loan, Insha Allah.But it might take time as we do not know much time will it take to sell it, we also do not have so much money on hand to pay back the loan.
Now, I had worked in a firm and managed to deposit a sum of money above Rs lac in a bank. This is my personal money and not included with others but we sill live in the same house with our parents and brother. Thus from last Ramadhan 2013 till this Ramadhan 2014 the money is with me and I have not spent it. But last year Ramadhan in India was in August 2013 and this year Ramadhan is in July 2014. So in this case full one year has not been completed for the shariat to pay zakat one full year must be observed. So my question is will I have to pay zakat on the money which I have in the bank. If in this Ramadhan the one year does not complete but as August 2014 come it will be one whole year so will I have to pay zakat in August and wait for the completion of 1 year or can I pay it in this Ramadhan in July 2014 as it will bring more reward.Please tell me what to do.

2. Also becasue there is a loan pending to be paid off and which is the responsibility of all the three brothers and father to contribute in paying off the loan so because of this loan I do not have to pay zakat. Or should the zakat be not paid at all. As Ramadhan is just round the corner, I want to pay zakat, should I pay or not. Mean while the brother in law might think that they are giving zakat and not paying my loan and pretend that they do not have money. So still should I pay zakat and is zakat wajib on me.

3. More over after paying zakat if its wajib, I will still get left with some amount. So when the month of zil-hujj comes should I offer Qurbani also as I have paid zakat so qurbani has become obligatory for me also. This is my personal money and not included with others but yes I have to contribute in paying off the loan as we all took it from our brother in law in buying a flat so it the responsibility on all of us to contribute in paying off the loan.

4. So if I or we are not qualified to pay zakat due to loan not paid off yet. So my question is that for how long we are not going to pay zakat, until we have paid off the loan. As I have mentioned above that it might take long and we do not know when the flat would be sold so in this case if might take years also. It means that until we do not pay off the loan we will not be allowed to pay zakat and do qurbani. So we have to wait all those years for the flat to be sold off and the pay back the loan and then will we qualify to pay zakat etc.

Please shed some light as we are in confusion.

Jazzk Allah Khair!

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Asked on July 6, 2014 7:11 pm
Private answer

1) If you foresee that you will still have the money in August then pay Zakaat in Ramadhaan. It is more rewarding. Also reset your Zakaat calculation from now onwards to Ramadhaan.

2) Pay Zakaat first. Then start paying off the loan - your proportion especially.

3) Make Qurbaani.

4) Tell your brother-in-law and come to an agreement that once you sell the flat you will pay the loan.

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Answered on July 6, 2014 7:11 pm