John 3:8 always comes
before John 3:16. In that order. You can never change that. One does not "give up" and then "surrender" to his own mother before she gives birth to him.
I don't think Christ referring to amniotic fluid as "water" was intended as a literal description of the fluid. It seems pretty obvious to me he was speaking figuratively when he referred to "water" in John 3:5. He wasn't giving Nicodemus a lesson in the chemistry of amniotic fluid, so a figurative reference to the fluid as "water" would be perfectly all right - and apt.
Nicodemus is not having any problem understanding the first birth, but he is questioning what the second birth is, since it cannot be reentering your mother’s womb. There is no reason for Christ to bring up the natural physical first birth. I have not found any reference to the natural first birth being called a “water” birth, but have you?
Water baptism was practiced for women converts to Judaism as a “birth”. Water baptized the earth for Noah, making it new. The people leaving Egypt were water “baptized” in the Red Sea.
For Nicodemus to submit to John’s baptism would have been a huge change of life for him. Everything Nicodemus had work for to become would become worthless (dead) and he would have to virtually start again like being born again, under these uneducated commoners call apostles who had been considered by all his friends and himself to be way below them.
Being “born again” is what Jesus told Nicodemus he need to do. This requires some thinking, because Jesus does not address the questions or comments that are verbalized, but directs his comments to the persons next step in their personal spiritual development (what is on their heart spiritually). Jesus is not making some general philosophical statement (like Buddha might make) but is always addressing the audience He is talking to. We have to get into the context.
This is an...odd way to assess John 3:5-6 and its context. When I look at the exchange between Nicodemus and Jesus, the question Nicodemus asked is very clear and Jesus' response to his question is also clear (and direct). It seems to me, then, that Jesus did address the question Nicodemus verbalized.
Nicodemus’ first addresses Jesus with: “Rabbi, we know that you are a teacher who has come from God. For no one could perform the signs you are doing if God were not with him.”
And Jesus responds with: “Very truly I tell you, no one can see the kingdom of God unless they are born again.”
How, where, and why did Jesus come up with that response? There is nothing in Nicodemus’ greeting that would suggest such a response. It is not anything like a simple exchange.
Look at other one on one exchanges Jesus had, especially where the agenda of the person approaching Jesus is not known and see how the comments a Jesus are anything but a simple exchange.
Nicodemus as a Pharisee had all the answers and could talk a lot about the “Kingdom of God”, but he was not prepared for Jesus’ line of questioning, so did Jesus make this statement to everyone he came up to or just Nicodemus?
Jesus is not out making general philosophical statements to go into some book, but focuses on the individual being addressed (or the small group) and really what is on their heart.
To understand the comment Jesus made to Nicodemus we need to get into Nicodemus’ head at that particular moment, because Jesus is communicating directly to Nicodemus and for Nicodemus.
If Nicodemus is willing (not publicly willing, he is coming at night) to acknowledge: “you are a teacher who has come from God”, then he would also be acknowledging John the Baptist was from God (but again not publicly). “Everyone” believed John the Baptist was from God:
Matt. 21:32 For John came to you to show you the way of righteousness, and you did not believe him, but the tax collectors and the prostitutes did. And even after you saw this, you did not repent and believe him.
John 12:42 Yet at the same time many even among the leaders believed in him. But because of the Pharisees they would not openly acknowledge their faith for fear they would be put out of the synagogue; 43 for they loved human praise more than praise from God
Nicodemus did not come saying “You are the Messiah”, which he would probably would be considering, but John’s baptism was unquestionably seen as being from God, but again something the pharisees could not publicly acknowledge because: “They had not been baptized by John’s baptism”, which is where Nicodemus resided. Nicodemus knew he should be baptized by John but had to refuse since: “they loved human praise more than praise from God”.
Jesus would not go past what Nicodemus already knew he should be doing, if your not going to do what you already know to do, why go further?
We know Nicodemus was a Pharisee, part of the religious leaders in Jerusalem, was coming at night, later did speak up but to timid to follow through, seem to believe something very positive about Christ in the end (burying Him), he would not have submitted to John’s baptism, Jesus just “spoken to you of earthly things” which could include John’s baptism (not of spiritual things), will leave his encounter with Christ uncommitted, and remained part of the Sanhedrin up to Christ’s death.
I do not see it that hard to put ourselves in Nicodemus’ shoes.