What is the ruling on divorce if a man said to his wife: "If you use the mobile phone, you are divorced," and the wife used the mobile phone only to access the internet with the intention that divorce would not occur, while the husband's intention was to prevent any use of the mobile phone?

The relied-upon factor in an oath is the intention of the swearer. If a husband conditioned his wife's divorce upon her use of a mobile phone for any purpose, and the wife used the mobile phone to access the internet, then divorce has occurred according to the majority of scholars. However, according to the Shafi'is, the oath is not broken if the wife was unaware that using the internet from the mobile phone fell within the generality of the oath. Sheikh al-Islam Ibn Taymiyyah held the view that an expiation for an oath becomes obligatory if the husband did not intend divorce but rather threat or admonishment. In the event of divorce occurring, the husband can take his wife back before the completion of her 'iddah, provided this divorce does not complete the three (divorces).