These first few verses of John 3 represent a conversation between Jesus and Nicodemus. Nicodemus:  a renowned Teacher of Israel, who comes at night, in the darkness, so his colleagues won’t know he has actually approached Jesus, the radical leader from Nazareth.  Now they are face to face.  Regardless of the close proximity, they are not having the same conversation. They are talking across each other. Jesus is using slippery words that have double meanings to him and only singular ones to Nicodemus. Anothen (anew) means “again” and “from above.” It has a time and a spiritual reference. Nicodemus can only comprehend the time: How can one be born a “second time” from the mother’s womb?  They cannot.  That is not what Jesus means.  Because they were having a conversation but not using the same language, so to speak, effective communication did not happen.