What is the hava amina of the gemarah that one can be koneh (or zocheh) an object through ri'iah?
Yaakov Richter, New York, United States
Rav Pinchas Teitz zt'l once offered to me an explanation as follows (as I recall). A lost object with a Siman must be returned to its owner, as per the Mitzvah of Hashev Teshivem. A person becomes obligated in that Mitzvah the moment that he sees the object (Bava Metzia 26b). Perhaps, since a person becomes obligated in the Mitzvah by seeing, he can also acquire the object by seeing if it doesn't have a Siman.
(Otherwise, Tosfos references Bava Metzia 118a, where the Gemara discusses whether "Habatah" is Koneh. Rashi there does not seem to require building a fence etc. as Tosfos here mentions; just putting effort into watching the object.)
M. Kornfeld