Stove Bolts,
Your question about neglected aspects of Nicodemus's dialogue with Jesus is a crucial issue for the question of online biblical disagreements because the correct application of John raises at least 6 other issues that are not easy to resolve...
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I concur, and would like to add one more thing:
People generally get confused between
cause and
effect, such as the horse pulls the cart, the cart does not push the horse. Therefore, we do not push God to make us born again, but rather God pulls us into it.
In context, Jesus said "The wind blows where it wills, and you hear its sound, but do not know where it comes from or where it is going; so is everyone born of the Spirit." This shows that baptism is not where being born again comes from. It is merely the "sound" of it. When a person gets baptized (who has genuine faith), it is the result of God-granted wisdom and spiritual understanding, such that he obeys the gospel by being baptized (as a beginning of his walk).
The not knowing speaks of us not having control of being born again. It forces us to trust God for what we know must happen, but don't have control of when, where, or how. So genuine faith is trusting God for eternal life by means of the work of Christ, since God is the one doing the work of salvation.
Therefore, IMO Jesus did not mean "water and the Spirit" as a chronological list, where water comes first, then Spirit. Such an idea is imposed on the text and doesn't belong. God does His work in a person's heart and mind, then the person responds with baptism and obedience. Cause and effect - God is the cause, our actions the effect, or proof, of genuine faith.
So then, when Paul wrote "we maintain that a man is justified by faith, apart from works of the law," he was talking about the
cause of justification. When James wrote "a man is justified by works, and not by faith alone," he was talking about
proof (effect) of genuine faith and justification.
TD