Nicodemus is one of these who have an untrustworthy faith. John signals this connection by his repetition of the word man (2:25; 3:1) and by the fact that Nicodemus’s assessment of Jesus is based on the signs he had seen (3:2; cf. 2:23). Later in the story we find him defending Jesus among his fellow Pharisees (7:50 -52) and assisting Joseph of Arimathea in burying Jesus (19:38-42). He will end the story as a disciple, but here at the beginning he is something less.
He comes to Jesus under cover of night and makes a grand statement of faith (3:2). He is identified with the Pharisees, so we understand that when he says we know, his assessment of Jesus is more than his own private opinion. This makes it clear that there is not yet a settled opposition to Jesus, though his coming by night suggests, as we would expect, that not all share his positive view of Jesus after what took place in the temple. Within the group at the heart of the opposition to Jesus in this Gospel, there is at least one who is attracted to him. This shows that John, despite his strongly dualistic language, recognizes the grayness of life. Only Jesus is absolute; all other characters are in motion either toward the light or away from it.
In response to Nicodemus’ profession of faith Jesus once again expresses a cryptic saying that tests the heart. How uncomfortable it must have been to be around Jesus! He has been approached as a spiritual master, and he responds as one. He has been recognized as a teacher who has come from God and he responds by speaking of the kingdom of God. Nicodemus may think he is talking to a rabbi, but in fact Jesus is the King of Israel. The kingdom of God is his own kingdom, but it is not of this world. One must be born from above even to see it, let alone enter it.
When Jesus says one must be born from above, Nicodemus takes it as being born again Jesus is speaking of the spiritual realm, but Nicodemus thinks he is referring to the physical. Jesus explains being born from above in terms of being born of water and the Spirit (3:5). The water of baptism and the coming of the Spirit have already been associated in this Gospel (1:31-33), and cleansing by water and new life from the Spirit were already associated with one another in the Old Testament, especially in Ezekiel 36:25-28:
The fundamental point is God’s initiative in bringing spiritual life, which is reinforced by an illustration from nature (3:8). One can see the effects of the presence of the wind, but one cannot see the wind itself nor map out where it comes from nor where it goes (at least before modern technology). So also in the spiritual realm people can see the effects (cf. 3:2), but they cannot map out nor control the activity of the Spirit. It is God alone who initiates and produces this birth from above (cf. 1:13). Thus, once again we are back to the theme of God’s grace, for this begetting is an act of sovereign gracious love initiated by God, not by us. This fundamental point of the divine initiative of God’s grace is central to Old Testament religion. No wonder Jesus reproves Nicodemus’ obtuseness (3:10). A teacher of Israel should have recognized such a vital theme, especially as it is conveyed so clearly in imagery from Ezekiel. Instead, we leave Nicodemus stammering his question, How? His problem, as Jesus points out, is precisely one of receptivity (3:11). Although it was acceptable for a student to question his rabbi, if Nicodemus really believes that God is with Jesus, then he should receive what Jesus says. But he does not, and thereby his heart is revealed. The signs have shown him that Jesus has come from God, yet he does not receive Jesus’ teaching as teaching come from God.
As Nicodemus fades from view we have Jesus’ first monologue. He begins by referring to his testimony: I tell you the truth, we speak of what we know, and we testify to what we have seen, but still you people do not accept our testimony (3:11). These words echo what the Johannine Christians say to their Jewish opponents in John’s own day. The striking use of I and we seems to be an example of the voice of the risen Christ speaking as the head of the community of those who have received the Spirit and bear witness (cf. 14:26; 15:26-27; 16:7-11). The we know of a ruler of the Jews (3:2) is countered by the we know of the Lord of the Christians.