Post: After Noach emerged from the ark, he planted a vineyard, and later, he drank of the wine and became drunk. Thus, from perek 9:
According to the Book of Jubilees, this was all done in accordance with halacha, so that he would not violate the laws of orlah. He waited a sufficient number of years before drinking of the wine. Thus:
(According to scholars, this is not entirely in accordance with the Temple scroll at Qumran, and so this may reflect some rabbinic tradition, as it accords with rabbinic halachah.) But, if we ignore the book of Jubilees, and don't read in a pause into the pesukim, then it appears that Noach drank of the wine immediately. (And perhaps there it a midrash to that effect; I don't know.)
Rav Chaim Kanievsky asks how Noach could have consumed orlah if he learned the Torah. Thus, he writes in Taama deKra:
"There is to consider how Noach drank wine which was Orlah. For we say that Noach learned (הגה) Torah (Yerushalmi Megillah, perek 1, halacha 11). And there is to say that Noach erred and thought that that which came from grapes was just "sweat", and just as Adam HaRishon erred in this, as we say (Bereishit Rabba perek 19) 'she squeezed grapes and gave to him'. And this is what is stated in Sanhedrin 70a:
The Holy One, blessed be He, said unto Noah: 'Noah, shouldst thou not have taken a warning from Adam, whose transgression was caused by wine?'"
All in all, a nice construction. Of course, that need not be the intent of the gemara in Sanhedrin, that Noach sinned by consuming orlah. (Rav Kanievsky undoubtedly knows that this is an elaborate construction which can be disassembled.)
To consider the Yerushalmi, which appears in Yerushalmi Megillah 15a:
טהורים אבל לא טמאים מניין ר' אבא בריה דרבי פפי ר' יהושע דסיכנין בשם ר' לוי הגה נח תורה מתוך תורה אמר כבר נאמר לי (בראשית ט) כירק עשב נתתי לכם את כל לאיזה דבר ריבה הכתוב בטהורין לקרבנות"Pure species [may be offered on a private altar] but not impure. From where? Rabbi Abba son of Rabbi Papi, Rabbi Yehoshua of Sichnin in the name of Rabbi Levi: Noach derived Torah from Torah. He said: It was already said to me (Bereishit 9), '[Every moving thing that liveth shall be for food for you;] as the green herb have I given you all.' To what purpose to the Torah include pure species [here, that he should bring seven of each to the ark]? For sacrifices."
Translated and elaborated upon in accordance with Korban HaEidah. Now, this Yerushalmi does not state that Noach kept all of the commandments, like the Avos kept the commandments. All it says is that he learned Torah from Torah. And it is a very restrictive 'Torah'. He is not darshening basing on pesukim in Shemos. He is darshening based on 'Torah' which had already been commanded to him, the statement Hashem said to him, 'Every moving thing that liveth shall be for food for you; as the green herb have I given you all.'. And he reasoned based on that. This does not mean that he kept all 613 mitzvos, plus derabbanans and minhagim.
If we grant this assumption that Noach would keep all 613 mitzvos, then perhaps there are other outs. For instance, the Avos generally only kept the Torah in Eretz Yisrael, while Mt. Ararat is in Turkey. Where did he plant this vineyard? Let us run with a chutz la'aretz theory. The Mishnah in Orlah states that Orlah is forbidden in Chutz LaAretz as a matter of halacha. And,
The amora'im debated the meaning of the term halakha in this context: Rav Yehuda in the name of Shemu'el claimed that the law is something that the Diaspora communities took upon themselves, while Ula argued in the name of Rabbi Yochanan that it is a halakha le-Moshe mi-Sinai, part of the Oral Tradition that Moshe received from God at Sinai.If it is just a custom taken upon by the Diaspora communities, then perhaps Noach would not be subject to it, living before the acceptance by these communities. He would presumably be bound by a halacha leMoshe miSinai. But then, perhaps he would not know it, since a halacha leMoshe miSinai would not be something he could derive by being הגה תורה מתוך תורה.