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would a rooster mate with a hen that isnot laying?
Ours did -- at least back when he was an immature cockerel.
He was the same age as his five pullet roost-mates. But he matured sexually much earlier than they did. I remember him mounting them so much that I had to make him sleep outdoors one night so that the pullets could have a rest, and this was at only four months old. The pullets were not sexually ready yet, and he was already wearing them out.
HOWEVER, after the five month old broody successfully hatched three of his children (two pullets, plus a cockerel that we later rehomed), he seemed to grow up and mature in more ways than just physically.
So that when his two little pullet daughters, Patty and Cathy, joined the flock for a few hours a day at about age 12 weeks, I noticed that he did NOT try and mount the little girls.
We have merged in three different pairs of new chicks into the existing flock over the past year (that first clutch's pullets, a second clutch's pullets hatched three months later, and two baby Delaware chicks born four months after the second clutch) -- and in each case, the now matured rooster waited until the hens were old enough to lay eggs before he would mount them.
You would see him inspecting the girls as they grew older. But he did not mount a single one of the younger pullets until about the same time that we began finding their little pullet eggs in our nests.
So I guess the answer to your question (at least based on our experience) is that an immature cockerel will probably mount anything and everything in sight, but a more mature rooster will wait until the pullet is sexually mature before he mounts.