Does a divorce occur if the husband swears by divorce that he will not touch his wife's phone, then touches it out of forgetfulness without looking through it?

If the husband intended by his oath to refrain from inspecting the mobile phone, not merely holding it, then he does not break his oath by holding it without inspecting it, because the intention of the one swearing an oath specifies his oath. The permissible oath is by Allah Almighty, whereas swearing by divorce is among the oaths of the wicked.