Jewish and common law share merchant-custom acquisition rules. [connection]
The similarity in the terms of the substantive law is also striking. According to Jewish law "any custom adopted by the local merchants as a mode of acquisition is valid . . . since it fulfills the principle that the purpose of the kinyan [any formal act of acquisition] is to bring about the decision of the parties to conclude the transaction .... some authorities even regard a handshake as the equivalent of an oath." Id. at 209. In addition, under Jewish law, "the decision of the parties to conclude a sale is finalized by the performance of one of the appropriate acts of kinyan ("acquistion") by one of the parties-generally the purchaser-that the other parties have expressed their agreement that this be done.
XREF: Connects to comparative legal history — a recurring thread in sources comparing religious and secular legal traditions.
Lisa Bernestein, Opting out of the Legal Sys…, loc. 189